EzekielRaiden
Follower of the Way
Ironically, I used to be one of those hardcore prescriptivist folks. (I bet that's an absolute shocker to anyone who's known me on here for more than five minutes.) But I was sold descriptivism by prescriptivist reasoning. It was more complex than this and like fifteen years ago, so I don't remember the precise details, but it was something loosely like: "You only decline pronouns. But English had a declension system. Now it doesn't. Why is 20th c. English 'correct' grammar and (say) 6th c. English grammar 'incorrect'?" The one and only answer is that what people chose to do changed, over a long period of time. There isn't a Platonic ideal of English. There is just, to quote the infamous phrasebook, "English As She Is Spoke".Yea, that's pretty much it.
GMs who make homebrewed settings and then stay them in for years or decades are essentially making personal fantasy heartbreakers. They have a mental image of what D&D should look like, and their setting is where they get to assert the truth of that mental image.
I've used this analogy before, but it's essentially the same psychology that divides those who prefer prescriptivist grammar and those who are descriptivist. It's the desire for constancy and certainty, versus the desire for ambiguity and novelty.
But they did commit an act. They planned it out and bought the axe. That's a concrete act as part of the planning.If they discuss the crime of killing someone with an axe. Plan out how they could do it. And buy the axe, they never need to act to actually commit the crime at all to be convicted of conspiring to commit murder. Even though talking and buying axes are not illegal, and nobody acted to commit murder.
If all you ever did was think about committing murder, but you never bought a weapon, never approached the victim, etc., then you have committed no crime. Yet, by your claimed standard, merely having the thought is enough to be guilty of attempted murder. Legally, it's bupkis. You need SOME concrete deed, even if that deed is not itself a thing.
For conspiracy to commit a crime, you need proof that some kind of agreement was made, and proof that someone did something material to bring that about.
You'll also note that, commensurate with the much, much lower but non-zero actus reus requirement, "conspiracy to X" charges carry lesser sentences, usually lesser even than
Yes...but you also absolutely HAD to DO something.Intent is the most important thing. For those crimes you just listed, you still generally have to have intended to do the act.
Intent, alone, without any actual deed, is not and cannot be a crime. Thoughtcrime is not a thing. Yes, intent absolutely matters and can be what clinches or derails a prosecution. But even if you could literally read a person's mind and objectively prove that they had desired to commit murder, if they never actually DO it, it's not a crime. It's a simple as that. You need a concrete act, or mens rea is irrelevant.
Let's say I desire to kill someone. What crime was committed, or was there even a crime committed? Tell me without knowing the actions I performed.Let's say I kill someone. What was the crime committed or was there even a crime committed? Tell me without knowing the intent.
The argument swings both ways. Without any actual deed committed, my intent is legally meaningless. Without the correct "guilty mind", the deed is equally meaningless. Guilty act and guilty mind are individually necessary and jointly sufficient to prove legal culpability. No amount of insistence will change the fact that a guilty mind with no guilty act cannot be a crime. Even if I outrightly intended to commit a crime, as I repeatedly said.
Having read the context, I don't see how it's not exactly what was meant. Negligence is still punishable, even if you never intended anything evil. Recklessness is still punishable, even if your recklessness was born from irrational exuberance, to use the pithy phrase.If you were following the posts, you'd have seen the context when it first came up.


