Not a bit of that matters. Even if the act was legal between two of the parties involved, if it was not legal for the third party it was not legal. I made a closer example above that you should look at since your stuck on something that is completely irrelevant to this case.
If only I had known that when I was graduating high school I'd have saved alot of money... and time... Since I'm in my mid thirties now and have heard way to much "Your overqualified for this job" already and hence I'm back in school to make myself look more appealing as a business type on a resume.
I had to be home and able to look up the term in my law books... But the US has 'liability without fault' which is described as "Regulatory Statutes having dispensed with the mental element of a crime'. This is related to strict Liability and sometimes discussed in the same terms, though not always... Strict Liability gets you into whether an act is "Abnormally Dangerous Activities"... Which is frankly a mess and I don't want to even get to... However the US does have 'liability without fault' crimes that do away with mens rea, which includes most things to do with minors....
In the example I used, GF went to the bathroom without notice (in a dark environment) and someone else sat down (To make it more real world). I've actually seen this happen, though luckily with two women of about the same age being the ones exchanging places. I added the age difference to mirror the case more (where one is legal and the other less so).
Criminally in the US it most likely doesn't matter whether he intended to kiss the underage girl, he had intended to kiss someone. So first off he does have a mens rea that would be transferred just because of that. However it's also highly likely that the statute that he'd be breaking kissing a minor would likely make this a 'liability without fault' situation. In such a case the mens rea would only be factored into sentencing him.
On the civil tort side the facts are pretty clear cut. If the kiss was 'unwanted' (& that is up to the girl to decide), then he has committed assault. It's unlikely he can even dispute it without trying a 'he said, she said' and denying it happened.
By the way as I said, I've seen this happen in real life and the woman who was accidentally kissed did sue him for civil assault (and they tried for battery as well). They won on assault (and failed on battery due to a lack of evidence it was with 'apprehension'). However the woman won less than $100 dollars of harm and the judge in question added that it was certainly the 'most expensive kiss he (the defendant) was ever likely to get'. She (or more the woman's dad who was a lawyer) tried for a criminal case against the guy as well, but the DA turned the case down (they had tried for 'sexual assault).
Actually there are certain things like 'serving alcohol to minors' that don't require mens rea and are criminal and that is what I meant when I said "modern criminal law". That doesn't really relate to 'liability' strict or comparative. For civil law the burden is only to prove that you were harmed and in what method beyond a 'preponderence of evidence' in the US. In the example it would be the word of the two people involved as to whether he did or did not kiss her. If you a kissed b and it was 'unwanted physical contact' than in civil law (in the US) He is liable for assault... However the reward for civil assault on that scale is low... Criminally it's sexual assault on a minor (because the example girl was 16) and in most US states this doesn't require a mens rea at all... however before that set of laws was passed then we were arguing over a transfer of mens rea in such cases.
Well in criminal court yes, however civil law has never really been about 'guilty until proven innocent'. In fact all their is in civil law is liable or not liable (and shades of grey between those relating to partial liability). Alot of modern criminal law actually does away with the pretension of not being guilty as well and simply says 'if you do x, your guilty' and trials for those are more about matters of degree of guilt and attempts at defense for things like entrapment.
Personally I'm not a lawyer and didn't create this nutty system, but I've taken quite a few law classes while going back to school to get a business degree on top of my comp sci degree... So I can attempt to explain it as is...
I know I shouldn't bother to reply... But legally whether the act on the first person was legal or not does not effect the concept of transfer of intent. If this was say a civil matter... ohhh... lets say... kissing someone... Lets rework the example...
You go to kiss your girlfriend who had been sitting next to you, but without realizing it at first you kiss a 16 year old girl who had somehow changed places with her instead. Now you did intend to kiss someone, but it was not the girl in question. When you get arrested for sexual assault of a minor (and served civily for assault as a tort) you will have to argue that their was no transfer of mens rea and instead was a pure accident with no wrongful intent.
Of course in a sane world we'd expect you could maybe apologize and not go to court and at most would be slapped for your accident... But the world doesn't work that way.
Or you go into STEM fields and then have trouble continuing employment the older you get unless you move into business anyways... So why not just start there? Requires far less advanced math then most of those STEM courses do as well...
The article didn't talk much about it at all, but I'm betting any lawyer worth being called that would have argued he had no mens rea (mental intent) to specifically message those girls. However he did have an intent to have sexual actions, which does sort of change things legally.
As an example... A very different case, but if someone had the intent to kill a lawyer (for instance) and used a grenade through the window to effect the murder... But the lawyer was out and so the secretary died instead. Now he had no intent to kill the secretary, but because he did have the intent to kill someone... He is considered to have the mens rea required to convict him for the murder of the secretary. This is sometimes called a transfer of intent.
It is quite likely this could have been a strong argument in a court case. The prosecution arguing for a transfer of intent and his lawyer arguing against.
People like that just don't want to look at the facts. The facts are that the vast majority of pedophiles know the victim by being a family member or a friend of the family aunt or uncle). And while men are slightly more often found to be doing this sort of thing 1/3rd of pedophiles are actually women most are never convicted though and boys are far less likely to come forward if I woman makes a sexual advance).
Yet men and more so 'strange' men who are not family friends or relatives are the targets of the publics outrage over these things. It just goes to prove how irrational most people are and how sensationalist most of the media is.
It really depends where you live. I live in NW PA and you simply won't see 'paypass' anywhere here. Even in a city with over 150,000 people here you simply won't see them. I can however drive south to Pittsburgh, East to Buffalo, or west to Cleveland and find some in the better neighborhoods. The poorer areas don't have them either even int these larger places.
The only real difference is a system that doesn't care about your actions good or bad) and a incredibly wide ranging array of weapons in 4 general types, though several sub-styles).
While the blurb on slashdot doesn't mention it and this is one of two recent studies on the matter of both how much energy we can get. They also both looked at the environmental impact of taking that much energy out of the climate system. Their is a change of 3-4 degrees C increasing) at ground level using wind power and a change in percipitation of up to 10 percent. Which in my mind is not terribly good results.
Chrome for Android actually does rather well, as does firefox for android... It's the default browser that has issues and really should have died with 4.0 (ICS) android, but instead it stays the default (for backwards compatibility) as much as it sucks. Ironically it was also the browser flash worked in up til the most recent android flavor (even Chrome couldn't use flash on a 4.0 setup).
Facebook probably should have looked at how even Google has a native app for youtube on android and taken a similar route.
Personally Polaris Office (with comes on my transformer prime) does a pretty reliable job of doing word, excel, etc documents. Though I've found google docs actually does a better job, though I need to use the website version as the version built into google drive on android is next to useless (It doesn't even understand what page breaks are). However I can run the full desktop version of the googledocs site on my tablet in chrome just fine and that seems to have nigh perfect word compatibility.
Or it's a tablet with a detachable keyboard dock (that includes an extra battery and a less than useful trackpad)... I'd agree it was a 'laptop' if it ran a laptop grade of hardware and could run 'laptop' type OSes and apps... Expectations for 'laptop' are very different then for 'tablet', though I do use my Transformer Prime like a mini-laptop most of the time. I'm actually thankful it's not a real 'laptop' as well, I had the chance to use a atom powered laptop running windows xp the other day that was terribly slow and the battery still died in 2 hours... Not an experience I want to repeat.
I actually looked the other day and their will be a open office/libre office variant for android... Though right now solutions like Polaris Office exist that handle all the basic functions most people need. Also Google docs works fine on tablet (I use it for a book I'm writing) and that converts to word very well or PDF or a half dozen other formats...
Oh please, the admin staff and teachers don't listen to the IT staff about 'limitations'. This applies to all technology. I should know I spent several years as the network admin and defacto Chief Information Officers (I had no one above me) for a school district. They would buy things without ever consulting me and then insist I make it work.
Even in the rare event they do listen, they only listen in ways they want to hear things.
Don't lump all tablets into that category. My handy Transformer does a solid job of editing documents, more so with the keyboard dock. It's far from the norm for tablets, but MS seems to want to change that with their efforts in the field with Windows 8 (as much as I don't find it appealing on desktops and I don't have any plans to buy a new tablet).
The idea behind manned missions includes the thought that a human could be on site or at least nearer and be able to modify the work being done. Deep solar system exploration for instance where we would theoretically have a ship with limited manufacturing and retooling abilities would be far more helpful at doing science then a probe sent out 12 years ago that takes days to send a batch of info back to us. This problem increases as we go further out from the Earth.
Also things like ISS and space missions taught us tons about recycling of atmosphere and waste materials. Not to mention research on hydroponics that had to be done with experience on hand in the environment in question. Being there makes tons of sense in certain areas.
Oh please, I have an ex-wife I have no issues with female attention.
I'm arguing a need for equality of gender in higher education so the entire learning process doesn't became female dominated. I'd suggest fixing it by figuring out why men/boys don't seem to get the same education vibe as girls/women. However Iran seems to be going the opposite route to head off the potential problem in their own country... Simply banning women from certain fields outright. I'm not saying it is good or bad (in fact educating women is universally good for things like economics of countries), just that to many women compared to men having degrees causes other serious issues.
Erm copyright has no requirement to defend it. Not going after someone that infringes copyright won't hurt any future cases either. Trademark is the only 'IP' type that requires you defend it or it hurts your standing in court.
I bought a Asus Transformer Prime to use for work and I've had at least a few dozen people by now comment on it. Usually they don't even realize it's a tablet until I show them. This whole process tends to involve me giving a pros/cons pitch on it. At least five that I know of have now gone and purchased either a first or second gen transformer tablet now...
So I'd say if anything your understating the potential effect.
This is hardly the end of the story, the appeals will go on for the next couple years at the very least. And so far only one court has found samsung guilty... Personally I'd avoid calling a 'winner' until it's done going through the courts or in two years someone will make sure to point out how you thought this all ended right here.
Slashdot Mirror
Not a bit of that matters. Even if the act was legal between two of the parties involved, if it was not legal for the third party it was not legal. I made a closer example above that you should look at since your stuck on something that is completely irrelevant to this case.
Legal or not does not matter here. The example was a classic case law example of transfer of intent... I made a different closer example above.
If only I had known that when I was graduating high school I'd have saved alot of money... and time... Since I'm in my mid thirties now and have heard way to much "Your overqualified for this job" already and hence I'm back in school to make myself look more appealing as a business type on a resume.
I had to be home and able to look up the term in my law books... But the US has 'liability without fault' which is described as "Regulatory Statutes having dispensed with the mental element of a crime'. This is related to strict Liability and sometimes discussed in the same terms, though not always... Strict Liability gets you into whether an act is "Abnormally Dangerous Activities"... Which is frankly a mess and I don't want to even get to... However the US does have 'liability without fault' crimes that do away with mens rea, which includes most things to do with minors....
In the example I used, GF went to the bathroom without notice (in a dark environment) and someone else sat down (To make it more real world). I've actually seen this happen, though luckily with two women of about the same age being the ones exchanging places. I added the age difference to mirror the case more (where one is legal and the other less so).
Criminally in the US it most likely doesn't matter whether he intended to kiss the underage girl, he had intended to kiss someone. So first off he does have a mens rea that would be transferred just because of that. However it's also highly likely that the statute that he'd be breaking kissing a minor would likely make this a 'liability without fault' situation. In such a case the mens rea would only be factored into sentencing him.
On the civil tort side the facts are pretty clear cut. If the kiss was 'unwanted' (& that is up to the girl to decide), then he has committed assault. It's unlikely he can even dispute it without trying a 'he said, she said' and denying it happened.
By the way as I said, I've seen this happen in real life and the woman who was accidentally kissed did sue him for civil assault (and they tried for battery as well). They won on assault (and failed on battery due to a lack of evidence it was with 'apprehension'). However the woman won less than $100 dollars of harm and the judge in question added that it was certainly the 'most expensive kiss he (the defendant) was ever likely to get'. She (or more the woman's dad who was a lawyer) tried for a criminal case against the guy as well, but the DA turned the case down (they had tried for 'sexual assault).
Actually there are certain things like 'serving alcohol to minors' that don't require mens rea and are criminal and that is what I meant when I said "modern criminal law". That doesn't really relate to 'liability' strict or comparative. For civil law the burden is only to prove that you were harmed and in what method beyond a 'preponderence of evidence' in the US. In the example it would be the word of the two people involved as to whether he did or did not kiss her. If you a kissed b and it was 'unwanted physical contact' than in civil law (in the US) He is liable for assault... However the reward for civil assault on that scale is low... Criminally it's sexual assault on a minor (because the example girl was 16) and in most US states this doesn't require a mens rea at all... however before that set of laws was passed then we were arguing over a transfer of mens rea in such cases.
Well in criminal court yes, however civil law has never really been about 'guilty until proven innocent'. In fact all their is in civil law is liable or not liable (and shades of grey between those relating to partial liability). Alot of modern criminal law actually does away with the pretension of not being guilty as well and simply says 'if you do x, your guilty' and trials for those are more about matters of degree of guilt and attempts at defense for things like entrapment.
Personally I'm not a lawyer and didn't create this nutty system, but I've taken quite a few law classes while going back to school to get a business degree on top of my comp sci degree... So I can attempt to explain it as is...
I know I shouldn't bother to reply... But legally whether the act on the first person was legal or not does not effect the concept of transfer of intent. If this was say a civil matter... ohhh... lets say... kissing someone... Lets rework the example...
You go to kiss your girlfriend who had been sitting next to you, but without realizing it at first you kiss a 16 year old girl who had somehow changed places with her instead. Now you did intend to kiss someone, but it was not the girl in question. When you get arrested for sexual assault of a minor (and served civily for assault as a tort) you will have to argue that their was no transfer of mens rea and instead was a pure accident with no wrongful intent.
Of course in a sane world we'd expect you could maybe apologize and not go to court and at most would be slapped for your accident... But the world doesn't work that way.
Or you go into STEM fields and then have trouble continuing employment the older you get unless you move into business anyways... So why not just start there? Requires far less advanced math then most of those STEM courses do as well...
The article didn't talk much about it at all, but I'm betting any lawyer worth being called that would have argued he had no mens rea (mental intent) to specifically message those girls. However he did have an intent to have sexual actions, which does sort of change things legally.
As an example... A very different case, but if someone had the intent to kill a lawyer (for instance) and used a grenade through the window to effect the murder... But the lawyer was out and so the secretary died instead. Now he had no intent to kill the secretary, but because he did have the intent to kill someone... He is considered to have the mens rea required to convict him for the murder of the secretary. This is sometimes called a transfer of intent.
It is quite likely this could have been a strong argument in a court case. The prosecution arguing for a transfer of intent and his lawyer arguing against.
People like that just don't want to look at the facts. The facts are that the vast majority of pedophiles know the victim by being a family member or a friend of the family aunt or uncle). And while men are slightly more often found to be doing this sort of thing 1/3rd of pedophiles are actually women most are never convicted though and boys are far less likely to come forward if I woman makes a sexual advance).
Yet men and more so 'strange' men who are not family friends or relatives are the targets of the publics outrage over these things. It just goes to prove how irrational most people are and how sensationalist most of the media is.
It really depends where you live. I live in NW PA and you simply won't see 'paypass' anywhere here. Even in a city with over 150,000 people here you simply won't see them. I can however drive south to Pittsburgh, East to Buffalo, or west to Cleveland and find some in the better neighborhoods. The poorer areas don't have them either even int these larger places.
The only real difference is a system that doesn't care about your actions good or bad) and a incredibly wide ranging array of weapons in 4 general types, though several sub-styles).
While the blurb on slashdot doesn't mention it and this is one of two recent studies on the matter of both how much energy we can get. They also both looked at the environmental impact of taking that much energy out of the climate system. Their is a change of 3-4 degrees C increasing) at ground level using wind power and a change in percipitation of up to 10 percent. Which in my mind is not terribly good results.
Chrome for Android actually does rather well, as does firefox for android... It's the default browser that has issues and really should have died with 4.0 (ICS) android, but instead it stays the default (for backwards compatibility) as much as it sucks. Ironically it was also the browser flash worked in up til the most recent android flavor (even Chrome couldn't use flash on a 4.0 setup).
Facebook probably should have looked at how even Google has a native app for youtube on android and taken a similar route.
Personally Polaris Office (with comes on my transformer prime) does a pretty reliable job of doing word, excel, etc documents. Though I've found google docs actually does a better job, though I need to use the website version as the version built into google drive on android is next to useless (It doesn't even understand what page breaks are). However I can run the full desktop version of the googledocs site on my tablet in chrome just fine and that seems to have nigh perfect word compatibility.
Or it's a tablet with a detachable keyboard dock (that includes an extra battery and a less than useful trackpad)... I'd agree it was a 'laptop' if it ran a laptop grade of hardware and could run 'laptop' type OSes and apps... Expectations for 'laptop' are very different then for 'tablet', though I do use my Transformer Prime like a mini-laptop most of the time. I'm actually thankful it's not a real 'laptop' as well, I had the chance to use a atom powered laptop running windows xp the other day that was terribly slow and the battery still died in 2 hours... Not an experience I want to repeat.
I actually looked the other day and their will be a open office/libre office variant for android... Though right now solutions like Polaris Office exist that handle all the basic functions most people need. Also Google docs works fine on tablet (I use it for a book I'm writing) and that converts to word very well or PDF or a half dozen other formats...
Oh please, the admin staff and teachers don't listen to the IT staff about 'limitations'. This applies to all technology. I should know I spent several years as the network admin and defacto Chief Information Officers (I had no one above me) for a school district. They would buy things without ever consulting me and then insist I make it work.
Even in the rare event they do listen, they only listen in ways they want to hear things.
Don't lump all tablets into that category. My handy Transformer does a solid job of editing documents, more so with the keyboard dock. It's far from the norm for tablets, but MS seems to want to change that with their efforts in the field with Windows 8 (as much as I don't find it appealing on desktops and I don't have any plans to buy a new tablet).
The idea behind manned missions includes the thought that a human could be on site or at least nearer and be able to modify the work being done. Deep solar system exploration for instance where we would theoretically have a ship with limited manufacturing and retooling abilities would be far more helpful at doing science then a probe sent out 12 years ago that takes days to send a batch of info back to us. This problem increases as we go further out from the Earth.
Also things like ISS and space missions taught us tons about recycling of atmosphere and waste materials. Not to mention research on hydroponics that had to be done with experience on hand in the environment in question. Being there makes tons of sense in certain areas.
Should I insert the first 'Johnny Cab' comment now? I know that's from the old version of Total Recall and all, but it's very apt.
Oh please, I have an ex-wife I have no issues with female attention.
I'm arguing a need for equality of gender in higher education so the entire learning process doesn't became female dominated. I'd suggest fixing it by figuring out why men/boys don't seem to get the same education vibe as girls/women. However Iran seems to be going the opposite route to head off the potential problem in their own country... Simply banning women from certain fields outright. I'm not saying it is good or bad (in fact educating women is universally good for things like economics of countries), just that to many women compared to men having degrees causes other serious issues.
Erm copyright has no requirement to defend it. Not going after someone that infringes copyright won't hurt any future cases either. Trademark is the only 'IP' type that requires you defend it or it hurts your standing in court.
I bought a Asus Transformer Prime to use for work and I've had at least a few dozen people by now comment on it. Usually they don't even realize it's a tablet until I show them. This whole process tends to involve me giving a pros/cons pitch on it. At least five that I know of have now gone and purchased either a first or second gen transformer tablet now...
So I'd say if anything your understating the potential effect.
This is hardly the end of the story, the appeals will go on for the next couple years at the very least. And so far only one court has found samsung guilty... Personally I'd avoid calling a 'winner' until it's done going through the courts or in two years someone will make sure to point out how you thought this all ended right here.