"Uh, i don't get it. If they are changing "willfully" and "knowingly" to just "knowingly"...how does that change anything? In your example, the person did NOT "knowingly" break the law, so they still wouldn't be charged....rig"
Not my example. It comes from the article. The article contains some legalese that is hard to parse. Here's an example (from the article) trying to differentiate between willfully and knowingly. It comes from the case U.S. v. Bursey. Brett Bursey was convicted in early 2004 after a bench trial conducted by a magistrate judge in the District of South Carolina of willfully and knowingly entering and remaining in a posted, cordoned off, or otherwise restricted area where the President was temporarily visiting As the Bryan Court observed... for a defendant to have acted willfully, he must merely have acted with knowledge that his conduct was unlawful....we focus our discussion on whether Bursey willfully violated the Statute, because, generally, [m]ore is required with respect to conduct performed willfully than conduct performed knowingly... requires more culpable mens rea than knowing violation).As a general proposition, the statutory term knowingly requires the Government to prove only that the defendant had knowledge of the facts underlying the offense I see that the main problem is that law is fuzzy. The change makes it even easier to black bag someone nothing is the law is less well defined. J - Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. - Benjami ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:348102 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
