Subject:
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Re: Laws about sex.... (was something else)
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Mon, 16 Jul 2001 14:49:06 GMT
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Viewed:
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1284 times
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In lugnet.off-topic.debate, Tom Stangl writes:
> I hope you don't live in the US and have any power in elections. If you do,
> I should look into citizenship in other countries.
>
> Writing a PRIVATE journal of fantasy has absolutely nothing to do with an
> ACTUAL crime, nor even intent.
It's entirely possible that a PRIVATE journal entry (I'm reluctant to call
it a "journal of fantasy" since it's difficult to establish after-the-fact
whether a journal was intended as fantasy or as a plan of attack) can
represent one's intentions, though of course it isn't necessarily--or even
often--the case.
> If we start locking people up for fantasy writing, even when intent has not
> been shown, then we've lost too much freedom.
In general, I am in complete agreement with you. However, the individual
in this case had in fact previously demonstrated intent of a sort (though
not to the extent apparently indicated in the journal) and if in fact such a
journal was a breach of a previously-agreed-to parole requirement, I don't
see how it's a problem to find him in violation of parole, though not of any
other crime, unless another crime was committed.
> Innocent until proven guilty - private journal entries that have no basis in
> reality shouldn't prove guilt (guilt of WHAT, in this case? A deranged
> mind? Fine. But did he DO it? NO!).
As a hypothetical example, let's say that you were planning to attend
Brickfest. Learning this, I write in my journal an elaborate and
excruciatingly detailed account of how I plan to murder you, down to the
specifics of the weapon and the time and place of the attack, contrived in
such a way that I wouldn't get caught (this is hypothetical, after all).
Suppose that I then show up at the pre-planned location exactly as I'd
described in my journal, including my clothing and the weapon I use, and I
proceed to murder you and make my escape. Afterwards, during the
investigation, my journal is found, but no other evidence linking me to your
death. Would such a journal be admissable as evidence, since no other
evidence existed? Couldn't I--though guilty--argue that the journal is a
fiction and is no proof of intent, even if the details in the journal and
the details of your death are identical?
In real life, obviously, I wouldn't try such a thing, nor have I written
about your murder (nor anyone else's) in a journal or elsewhere. I don't
have any immutable answers on the issue, either; I'm still sorting out the
particulars of my own opinion.
Dave!
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Message has 2 Replies:
 | | Re: Laws about sex.... (was something else)
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| (...) That's true, but I think Tom's point is that this is a dangerous thing to allow the courts. Even if it can sometimes avenge or even prevent crimes, the link between most kinds of writing and future events is too tenuous to generaly admit as (...) (23 years ago, 16-Jul-01, to lugnet.off-topic.debate)
| | | Re: Laws about sex.... (was something else)
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| (...) <snip> (...) I can agree that if the writing was a breach of a predetermined parole condition, then he does deserve to be punished. If it was not, then I feel that it is an invasion of privacy which cannot be tolerated. The individual in the (...) (23 years ago, 16-Jul-01, to lugnet.off-topic.debate)
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Message is in Reply To:
| | Re: Laws about sex.... (was something else)
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| I hope you don't live in the US and have any power in elections. If you do, I should look into citizenship in other countries. Writing a PRIVATE journal of fantasy has absolutely nothing to do with an ACTUAL crime, nor even intent. If we start (...) (23 years ago, 13-Jul-01, to lugnet.off-topic.debate)
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