• kryptonianCodeMonkey@lemmy.world
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    7 days ago

    So… I’m not a lawyer, but I don’t think this is quite right. Intent does matter in a criminal act, yes. This is called mens rea. It is the intent and knowledge to commit a criminal act, rather than just the action itself. For example, causing the death of another intentionally (without reasonable cause like self defense) is murder. Killing them unintentionally is only a crime if you were criminally negligent (which also includes knowledge and intent) and said negligence caused the death.

    However, motivation is not the same as intent and a potentially unethical or political motivation to perform an otherwise legal action does not make the act illegal. Especially in the execution of the law. If your political rival commits a crime, even though you may care more about their political challenge then actual justice in that case, you still can and should execute the law exactly as you would for anyone else. The alternative would be to allow personal bias against the criminal to make them immune to the law, which can clearly not be the solution. So long as due process is followed, the law is impartial, and the trial is fair, it doesn’t matter what the motivation of the prosecution was. They are still subject to the law like anyone else.

    I just had this same argument with my Father-In-Law a couple weeks ago about the Trump convictions. He said it was all politically motivated, so it was wrong. I said, maybe it was politically motivated, I don’t know. I can’t read the minds of dozens of people that I’ve never met before. But it doesn’t matter if it was or not, because Trump still committed the crimes, as was demonstrated before a jury, and he was given a fair trial like any other person was and found guilty by a jury his lawyers helped to select. What anyone’s hopes or reasons were are their own and completely inconsequential.