#17
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Re: Ask me about financial success to spending 2 years state prison
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[ QUOTE ] [ QUOTE ] [ QUOTE ] Well according to op, he didn't know that he was involved in any illegal activity. [/ QUOTE ] That's not really a valid defense you know... [/ QUOTE ] Someone not knowing, hence not displaying the element of criminal intent doesn't count for anything as a defense? [/ QUOTE ] Concurrence: [ QUOTE ] In Western jurisprudence, concurrence, (or contemporaneity or simultaneity), is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability. In theory, if the actus reus does not hold concurrence in point of time with the mens rea then no crime has been committed. [/ QUOTE ] [/ QUOTE ] Hmm, that's interesting stuff. I didn't know about that, because you always hear that "ignorance is not a valid defense". But, it appears more complicated than that: [ QUOTE ] Under U.S. criminal law, the general rule is that ignorance of the law or a mistake of law is not a valid defense to criminal prosecution.[7] However, there are exceptions to that rule. Some U.S. criminal statutes provide for what are known as "specific intent" crimes, where ignorance of the law may be a valid defense. The criminal tax statutes in the Cheek case are example of statutes for specific intent crimes, where actual ignorance of the law is a valid defense.[8] [/ QUOTE ] Wikipedia So, you might be right in this case... |
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