Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MindBender26

Could you put this in common language?


37 posted on 09/02/2010 4:12:31 PM PDT by wintertime (Good ideas win! Why? Because people are not stupid.)
[ Post Reply | Private Reply | To 9 | View Replies ]


To: wintertime
Common language.....

Most crimes, with the exception of those involving gross negligence, require a criminal intent.

For example, let's say you were outside and took a picture of the setting sun, and in the process, captured a picture of some new secret airplane. You thought it was a cool picture, so you posted it on the net.

The Russians saw the picture and therefore learned some huge military secret. Are you guilty of espionage or treason? No, because you had no intent to commit a crime.

In this case, the doctor was not displaying cowardice before the enemy, deserting, or anything like that. He is simply saying, “I have a real and deeply held conviction that Mr. Obama may not legally be the president, and therefore any orders issued by him would be illegal and I could be subject to being tried as a war criminal if I followed then.”

The doctor is not denying his refusal to follow the orders. He is saying such refusal is justified, and therefore, the court must consider and explore both the validity of such a contention and even if not valid, the doctor’ dependence on a belief in refusing to follow such orders until; such time as his concern is either put to rest, or proved valid.

113 posted on 09/02/2010 9:07:32 PM PDT by MindBender26 (Fighting the "con" in Conservatism on FR, since 1998.)
[ Post Reply | Private Reply | To 37 | View Replies ]

To: wintertime

More, but even more complicated.

http://en.wikipedia.org/wiki/Mens_rea


116 posted on 09/02/2010 9:10:58 PM PDT by MindBender26 (Fighting the "con" in Conservatism on FR, since 1998.)
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson