07-26-2018, 06:08 PM
(07-26-2018, 06:00 PM)fredtoast Wrote: Intent (mens rea) is required to break most laws. That is why there is not a vehicular assault charge every time one car hits another.
Not this again.
Because there was no mental state of willfullness; however, a law was broken. It's the same thing the FBI decided with Hills. They recognized laws were broken; however, a crime was not committed because it was not done through gross negligence; simply carelessness.
No folks can (and have) argue all day if the FBI was wise in their findings; however, no one argues that laws were not broken.
Let's throw this up against the wall and see if it sticks:
My brakes went out of my car and I ran the red light
A cop pulled me over. Why did he pull me over? Because it is against the law to run a red light
Once he stops me I show him that my brakes malfunctioned
He decides not to charge me with a crime because I did not willfully break the law; but I indeed broke the law and that's why I was stopped.