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A comment on Uber faces criminal probe over software used to evade authorities. Parent comment

Re:Uber faces criminal probe over software used to evade aut... by dorgo on Friday May 05, 2017 @03:54AM (#14271813)
So it doesn't really matter what I do. If I have the intention to obstruct justice then I can stay at home and act criminally by doing so? Nice one. At this point I'm sure I'm a criminal. I don't know what my crime is, but I'm sure layers will tell me before they throw me into jail.
[ Parent | on HN ]
Re:Uber faces criminal probe over software used to evade aut... by ForHackernews on Friday May 05, 2017 @04:58AM (#14272054)
It does matter what you do. Criminal law recognizes two elements to a crime:

mens rea ("guilty mind") and actus reus ("guilty act")

http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime...

If there's no actus reus in your example, then there's no crime.

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Re:Uber faces criminal probe over software used to evade aut... by TeMPOraL on Friday May 05, 2017 @04:50AM (#14272015)
Intent is a factor.

Also, even though law is like computer code in being pretty specific and executable, it's unlike computer code in being executed by humans.

Or, like XKCD puts it, https://xkcd.com/1494/.

Or, more simply, judges are not stupid and can figure out if you're playing games with them.

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