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UtahDan · 02-13-2007, 04:25 AM

Quote:

Originally Posted by TheSizzle36

Spoken like a true lawyer...

I guess we are all just inchoate criminals. Its too bad we don't know who will commit gun crimes when we sell them to people. We just have to wait and see who points one at someone and pulls the trigger.

Detroitdad · 02-13-2007, 04:26 AM

Quote:

Originally Posted by TheSizzle36

Spoken like a true lawyer...

How would a non-lawyer say it?

il Padrino Ute · 02-13-2007, 04:27 AM

Quote:

Originally Posted by UtahDan

They weren't criminals until they commited a crime.

Ok, how about "that's what happens when people with criminal intent carry guns".

The shooter knew what he was going to do before he did it. Isn't that a crime in and of itself?

UtahDan · 02-13-2007, 04:29 AM

Quote:

Originally Posted by il Padrino Ute

Ok, how about "that's what happens with people with criminal intent carry guns".

I can agree with this. Its just too bad we cant tell who these folks are by looking at them. In fact, they may not know who they are until the moment they form that intent.

Quote:

Originally Posted by il Padrino Ute

The shooter knew what he was going to do before he did it. Isn't that a crime in and of itself?

No. So far our thoughts are still our own. The thoughts plus an affirmative step toward completing the crime may constitute an attempt, however.

il Padrino Ute · 02-13-2007, 04:32 AM

Quote:

Originally Posted by UtahDan

So far our thoughts are still our own. The thoughts plus an affirmative step toward completing the crime may constitute an attempt, however.

Where does conspiracy to commit a crime come into play here? Is that considered thought?

An honest question from a non-lawyer.

ute4ever · 02-13-2007, 04:40 AM

A conspiracy requires more than one person planning and carrying out the crime. If he acted alone, there is no conspiracy.

il Padrino Ute · 02-13-2007, 04:44 AM

Quote:

Originally Posted by ute4ever

A conspiracy requires more than one person planning and carrying out the crime. If he acted alone, there is no conspiracy.

Understood and thanks. I probably should have known that.

UtahDan · 02-13-2007, 04:47 AM

Quote:

Originally Posted by il Padrino Ute

Where does conspiracy to commit a crime come into play here? Is that considered thought?

An honest question from a non-lawyer.

Conpsiracy is simply an agreement to commit a crime. The crime is the agreeing which requires more than just thought.

UtahDan · 02-13-2007, 04:48 AM

Quote:

Originally Posted by ute4ever

A conspiracy requires more than one person planning and carrying out the crime. If he acted alone, there is no conspiracy.

It is not necessary for the crime to be accomplished or even any step to be take toward it for a conspiracy. You are mixing this up with an accessory.

Detroitdad · 02-13-2007, 04:54 AM

Quote:

Originally Posted by UtahDan

It is not necessary for the crime to be accomplished or even any step to be take toward it for a conspiracy. You are mixing this up with an accessory.

In California it takes an affirmative step in addition to the agreement.

02-13-2007, 04:40 AM	#16
ute4ever I must not tell lies Join Date: Aug 2005 Posts: 5,103	A conspiracy requires more than one person planning and carrying out the crime. If he acted alone, there is no conspiracy.