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Speaking of "TV drama levels of understanding of criminal justice"... :)

With only a few exceptions, persons accused of crimes are not presumed to have mens rea. Statutory rape, for instance, has "strict liability"; even if you don't know you're committing a crime, you're liable. Most criminal offenses are not like this. The state is required to establish mens rea.

A prosecutor could say that a ToS-infringing blog comment is a criminal violation, but unless that prosecutor can establish that the comment was made in purposeful, knowing, or reckless violation of the ToS, they'd be wasting their time.




So where's the mens rea in this case?


Aaron's? I respectfully decline to lay out a case against Aaron on HN.




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