Replies

"Currently, the statutes in Indiana for Attempt has an improperly phrased mental element, and you can easily be prosecuted for a felony violation for mere misdemeanor acts. For example, if you get behind the wheel after having a few drinks and swerve around, you can be convicted of attempted reckless homocide, a felony (rather than the typical reckless driving misdemeanor), even if you drive two blocks on an empty road, then get out and call a cab.

Assume you're a gas station attendant. Sell gasoline to someone who goes on to rob a bank, and you're guilty of aiding him. You are now subject to the same penalties as he is if he mentioned the robbery and you failed to stop it. (Trying to stop it is not enough... you must succeed in Indiana.)

Assume you're getting a tow, and the driver asks to be paid in cash. If you do, you can be liable for his tax evasion, because you should have known that the request was meant to help him avoid paying business taxes. You're guilty of conspiracy, as well as the tax evasion. "

If you have a few drinks and drive, you should be arrested, in any case. Sorry, but I don't hold for drunk driving, under any circumstances. I lost someone close to me to a drunk driver, and have no sympathy whatever.

As for your gas sale example, you are incorrect. Unless you knew that the person was going to rob a bank, you cannot be held in any way culpable.

Finally, I never pay for things like towing in cash. I need the receipts for my records. Never.

Try again.

If you have a few drinks and drive, you should be arrested, in any case. Sorry, but I don't hold for drunk driving, under any circumstances. I lost someone close to me to a drunk driver, and have no sympathy whatever.

Once again, it is not the fact of the punishment that is unConstitutional, it is the size of it. Get it?

As for your gas sale example, you are incorrect. Unless you knew that the person was going to rob a bank, you cannot be held in any way culpable.

Did you miss the "if he mentioned the robbery" part?

Finally, I never pay for things like towing in cash. I need the receipts for my records. Never. Try again.

Your egocentrism is remarkable. This is not about you. This is about the hyper-extension of bad laws, the enforcement of 8th-Amendment-violating penalties, and the very clear possibility that even those who do not have a "guilty mind" (sufficient mens rea) still being liable for criminal penalties... especially when they are gun owners. (Have you not noticed the specific targetting of that single culture for hyper-aggressive law enforcement?)