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To: SJSAMPLE
SJSAMPLE said: "He may have been carrying the banned magazines in his car, but he lacked the criminal intent."

Are you proposing that as an explanation or does the record indicate that?

Also, does "mens rea" require that one intended to commit a crime or intended to do that which is defined as a crime?

Obviously, the defendant in this case intended to possess that which was prohibited.

21 posted on 01/06/2013 9:36:01 AM PST by William Tell
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To: William Tell

But he didn’t intend to commit the crime, which is the element of mens rea.

The records show that he took every step to avoid committing a crime. That is enough to dismiss criminal intent.


22 posted on 01/06/2013 1:14:16 PM PST by SJSAMPLE
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