TIP: Click on subject to list as thread! ANSI
echo: askacop
to: CHARLES HUNTER
from: STEVE BANASIEWICZ
date: 1998-03-30 19:20:00
subject: Teenage Smoking

 CH> Now you are attempting to carry zt into the courtroom....that doesn't
 CH> fly Rich.  When a person gets arrested, the very first thing that has
 CH> to be proven is that a crime has been committed.  Secondly, it must
 CH> be proven that the person charged committed that crime.  Third; and
 CH> of equal importance, (except in cases which do not require a mens
 CH> rea because of specific statute language) it must be proven that the
 CH> person intended to commit the crime. (a classic example of a statute
 CH> which does not require a "mens rea" would be drunk driving.  e.g. you
 CH> cannot go out drinking yourself silly, drive your car and use the 
 CH> excuse that you had no criminal intent because you were drunk.  A 
 CH> classic example of a lack of criminal intent would be a person who is
 CH> mentally ill and commits an act without understanding that the act was
 CH> wrong or illegal.
 
Question: Is this person who "doesn't understand" what they did not a
menace to society? Should this person be let loose to "mistakenly"
harm others again? 
... BBS 'till you drop - carrier.
--- Blue Wave/Max v2.30
---------------
* Origin: Eastern Light BBS 860/290-8578 10p-8a Only (1:142/578)

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