DaGaffer
Down With That Sorta Thing
- Joined
- Dec 22, 2003
- Messages
- 18,627
Absolutely agree on a procedural level. You can set thresholds that you must meet and then call that "proof of intent".
But you can't ever really prove intent. Not really. You can make considered judgement but that's it.
Which is why I'm uneasy about putting "intent to commit a crime" on level footing with "actually did it".
You can change your mind, even if you actually intend to do a thing. Right up until the last second.
There are other crimes with punishment and sentencing based on intent as well as action, like "going equipped" for a burglary. Intent in this context probably means "provably in the process of doing something but not completed", rather than y'know, telepathy.