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Stopping a crime

Meshavrischika

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At what point should someone be able to be arrested before a crime is committed?

Is there a certain "level" of crime that could possibly occur?

What is the appropriate evidence to prove the intent?

Is there any?

Part of me says "we should try to stop crimes against people that include violence" and part of me says back "what constitutes proof of intent" to which i have no answer.
 

Darkhorse

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Intent is an element of many crimes, but it is difficult to prove, and rightly so. To a certain extent, criminalizing intent means criminalizing thoughts, and that leads nowhere good. On the other hand, if proof of intent is based on certain non-ambiguous actions a person performs, it should be allowed.

An example might be a someone pointing a gun at someone else and pulling the trigger, but the gun doesn't fire (perhaps it was unloaded or broken). Did the first person intend to kill the other one and expect the gun to fire, or did they know it wouldn't and did it as a joke(!)?
 
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Mling

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Well, I think the general idea is that once a person reaches a point where they are clearly going through with something they have planned, then intent is demonstrated.

The example my Criminal Justice professor gave was of a sting where somebody pretends to be underaged online and an adult makes plans to meet them for sexual purposes. The person could pull into the driveway...but then turn around. They could walk halfway up the front walk and then turn around. But once they knock, they've initiated the actual meeting, and that is where intent is demonstrated.
 
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Meshavrischika

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Do you have something on your mind, ElsanRandiMom?
nope. It was a question I saw on A&E after a crime show. (I think the show was about killing a wittness who was going to testify... but I don't want to limit it to that)
 
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Meshavrischika

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Hey Elsan, great question.

If you were omnipotent would there be any reason not to arrest a future criminal at birth? You know for sure they will commit a crime if you allow them.


Were you watching Minority report?
hehehe no

if i were omnipotent i wouldn't let ya'll make those choices to begin with since it would be my call :)

that was a weird movie

anyway... i can see the desire to stop a violent crime before it happens is a wonderful motivation... i just don't know where one draws the line on what is and is not intent....
 
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