this post was submitted on 27 Jun 2023
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But proving criminal intent does not require you be able to hold up a magic mirror that reflects the inner thoughts of the person's soul.
Mens rea in the law is something you can establish. Certain actions a person takes imply intent and that's adequate for the criminal justice system. This isn't being flippant; often the entire purpose of the trial is to establish the criminal intent in a case where the actual facts (actus reus) are not really in dispute.
Colorado's law is defective because it didn't require establishing mens rea. And while some kinds of crime do not require criminal intent, because this particular crime conflicts with the first amendment, the level of scrutiny on the statute is much higher.
The outcome here should be that Colorado corrects its defective law to close the loophole.
Yeah, I think we're in agreement. I brought up the murder analogy because it often does require intent to be proven and prosecutors do manage to find ways to prove intent in those cases. Magic mirrors are clearly not a necessity for this.