Re:Children as young as 9 locked up by Indian Police for spe...
by leetcrew on Tuesday February 04, 2020 @03:21PM
(#22240495)
> If I describe to you exactly how you might go about murdering someone, and they get murdered, I'm likely to be a suspect, and if you're charged, I'll be charged as an accessory.
IANAL, but this doesn't sound quite right. I think they need to be able to show mens rea on your part, that is, that you actually believed the person might commit murder and deliberately helped them.
if you agree with my nitpick, then all of your examples show a clear intention to incite others to do specific material harm.
on the other hand, if someone says "X group doesn't deserve to live", it's hard to say whether they are deliberately inciting violence. if X is saints fans, you might reasonably assume the person is joking. if X is a marginalized group, it's still hard to say whether it's an incitement of violence or a gross opinion that lacks actual intent to incite violence. if it were easy to show that it was a deliberate incitement of violence, then it would already be illegal under current laws.
IANAL, but this doesn't sound quite right. I think they need to be able to show mens rea on your part, that is, that you actually believed the person might commit murder and deliberately helped them.
if you agree with my nitpick, then all of your examples show a clear intention to incite others to do specific material harm.
on the other hand, if someone says "X group doesn't deserve to live", it's hard to say whether they are deliberately inciting violence. if X is saints fans, you might reasonably assume the person is joking. if X is a marginalized group, it's still hard to say whether it's an incitement of violence or a gross opinion that lacks actual intent to incite violence. if it were easy to show that it was a deliberate incitement of violence, then it would already be illegal under current laws.