06-02-2012, 09:42 PM
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#10
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Franchise Player
Join Date: Feb 2004
Location: I'm in LA, trick!
Posts: 8,700
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Re: Trayvon Martin Case
Quote:
Originally Posted by Daseal
The intent here is lying about his finances and not disclosing the second passport. He hid details that would allow him to flee the country, that is intent in this, and any other, criminal case.
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You're wrong, here's why:
If an accused has actually committed the full offense, the reality of the danger has been demonstrated. But, where the commission of the actus reus is in the future and the accused is merely acting in anticipation of committing the full offense at some time in the future, a clear subjective intention to cause the actus reus of the full offense must be demonstrated. Without this specific intent, there is insufficient evidence that the accused is the clear danger as feared because, at any time before the commission of the full offense, the accused may change his or her mind and not continue. Hence, this specific intent must also be demonstrated on a subjective basis.
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