Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb...
by DoreenMichele on Sunday December 17, 2017 @01:56AM
(#15944581)
You aren't wrong, but neither is the GP. In the US, we have the legal rubric that "ignorance of the law is no defense." But, yes, intent matters and we make distinctions in the US between premeditated murder, crimes of passion and accidentally killing someone (manslaughter).
Law is complicated stuff.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb...
by blattimwind on Sunday December 17, 2017 @04:28AM
(#15944976)
"ignorance of the law is no defense." that sounds a lot like ignorantia legis non excusat, i.e. just because you didn't know that X is punishable by law does not mean you will not get punished. That's different from not knowing or recognizing the preconditions of a crime.
Re:Microsoft Intern’s Rape Claim Highlights Struggle to Comb...
by DoreenMichele on Sunday December 17, 2017 @02:42PM
(#15947267)
That sounds about right.
My understanding is the standard is in place to avoid giving all first time offenders a free pass and to also actively encourage people to look up laws pertinent to their lives. If it weren't in place, then willful ignorance would be in your best interest. Since it is in place, it is in your best interest to go find out what is and is not legal when, for example, starting a business.
I am not an expert in US law, but doesn't intent to commit a crime matters ?
Which is why there is a difference between murdering someone and taking actions that ultimately lead to someone death ?
In France (civil system, I know), we for example have "murder" and "violence that lead to death without intent to cause it" (and "involuntary homicide", etc)