Is it really right to arrest somebody if he/she was planning a crime? What if the criminal-to-be changes his mind meantime? Shouldn't we only arrest people if there was a real attempt? (Shooting at the victim, for example.)
2006-08-10 03:01:18 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The law already provides mechanisms to arrest people before the damage is done. Planning falls under the crime of Conspiracy, so that's valid. Even just asking someone else to commit a crime is Solicitation, so that's punishable.
And "Attempt" doesn't require near-completion, just a substantial step towards completion that serves the primary purpose of accomplishing that goal. And all of these require the specific intent to commit the crime, plus an overt action in furtherance.
Those common law crimes have been around long enough that their boundaries are pretty well worked out.
The problem is that since 2005, it's possible even to sentence someone to prison because they associated with people who might have eventually committed terrorist actions, regardless of whether the person convicted had ever conspired or agreed with their plans or not. To me, that's crossing the line.
Without any agreement or request or attempt, a person can now be convicted purely of being in the company of people who might become terrorists. And that's guilt by association, which should not be allowed.
2006-08-10 04:16:07 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Dear Kovacs,
It would be a question of how far down the road they had gone. For instance, sitting at an airport, holding a bazooka, would seem to result in an arrest at least for attempted (crime) (murder, mayhem, destruction, etc). However, me sitting here and thinking about a crime, no matter how much I planned in my head, would not result in criminal liability.
The trick, then, is to catch the person when they have put enough of a plan into action so as to be culpable of some sort of crime. Perhaps possession of some sort of illegal device with which you plan to put the crime into action (for instance, a truck full of explosives), as opposed to purchasing a gun.
In your example, purchasing a gun might not result in liability, whereas purchasing a gun, telling someone you're going to kill X, and then staking out X's house before being caught might be attempted murder of X even if you never shoot.
]-j.
2006-08-10 10:10:57 · answer #2 · answered by classical123 4 · 1⤊ 0⤋
Yes it is reazlly ok to arrest them...
case in point... officers arrest people all the time for attempting to hire someone to kill another...
the planning is the crime.. the attempt is secondary
2006-08-10 10:09:47 · answer #3 · answered by Heather 4 · 0⤊ 0⤋
Check out the conspiracy laws of this country. Moussaoui was charged, pled guilty and is serving a life sentence in maximum security for "ONLY" conspiracy crimes. While it can be scary since what constitutes a conspiracy is as difficult to nail down as jello, it is the law nonetheless.
P.S. Conspiracy laws DO require some overt act in furtherance of the conspiracy, so it is MORE than just "thinking about it."
2006-08-10 10:07:53 · answer #4 · answered by jurydoc 7 · 2⤊ 1⤋
Of course we should stop the crime before it happens! You have got to be kidding me! So....should we wait until they have blown up the planes, killing hundreds of innocent people and then arrest their charred remains? Planning a crime (a terrost attack in this case) is a crime in itself. Police forces worldwide are supposed to be proactive and reactive.
Have you put any thought into your question at all? Do you think it's ok for people to plan to murder and kill hundreds of innocent civilians by detonating explosives?
2006-08-10 10:09:14 · answer #5 · answered by casey_leftwich 5 · 1⤊ 2⤋
yes we should. we arrest people for planing a murder, say they tried to hire an undercover hit man to take out their wife, they would be arrested. whats so different with a terrorist.
2006-08-10 10:08:22 · answer #6 · answered by Anonymous · 1⤊ 1⤋
absofriggenlutely.
I am as liberal as they get, but they almost killed me on 9/11 and i have to fly today with this red alert crap... i am sick of this crap...
we do have to watch that it doesn't turn into the new mcarthyism or salem witch trials, but if there is proovable intent... im all for death by firing squad F them.
2006-08-10 10:08:14 · answer #7 · answered by Jonny Propaganda 4 · 1⤊ 1⤋
There are no real terrorists in the world but Bush, Blair and Olmert.
2006-08-10 10:09:45 · answer #8 · answered by Anonymous · 0⤊ 3⤋
Yes, it is our system working at it's best to actually prevent major incidents.
2006-08-10 10:06:48 · answer #9 · answered by Olive Green Eyes 5 · 1⤊ 1⤋