07 April 2022

Ex-guy's obvious guilt of crime

People often misunderstand what is required for proof of "intent" in various crimes of which this is an element, including the kind of seditious conspiracy that I truly believe the ex president is almost certainly guilty of. What is needed is not direct proof of state of mind, that is, a deliberate intention to commit the specified crime, but rather evidence from which a trier of fact can reasonably conclude ("beyond a reasonable doubt") that the individual knew and intended to do the things that are, in fact, the crime, regardless of whether he intended to commit a crime or knew that the actions or omissions were a crime. This is an important point, and the fact that the ex guy is now saying he regrets not having marched on the Capitol himself (instead of retreating to his private dining room to cheer the insurrectionists on) is yet more evidence to nail this inference. 

No comments:

Post a Comment

Gyromantic Informicon. Comments are not moderated. If you encounter a problem, please go to home page and follow directions to send me an e-mail.