Firearms in schoolzone charges

[GRIZ 3,369]

That is a good defense, "mens rea" comes into play here. I'm sure the lawyer will be all over it.

 

You'd be hard pressed to convince a jury he didn't know there was a gun in his truck that he put there. Mens Rea has little application to malum prohibitum crimes. You're guilty because you got caught doing it. Your mental state is irrelavent.

 

I know of a lot of criminals doing time for crimes where there was no evil state of mind.

[Anselmo 87]

You'd be hard pressed to convince a jury he didn't know there was a gun in his truck that he put there. Mens Rea has little application to malum prohibitum crimes. You're guilty because you got caught doing it. Your mental state is irrelavent.

 

I know of a lot of criminals doing time for crimes where there was no evil state of mind.

 

 

If the kid's father left the gun in the truck then yes, the kid did not knowingly possess it.

[Dan 177]

You'd be hard pressed to convince a jury he didn't know there was a gun in his truck that he put there. Mens Rea has little application to malum prohibitum crimes. You're guilty because you got caught doing it. Your mental state is irrelavent.

 

I know of a lot of criminals doing time for crimes where there was no evil state of mind.

 

Thanks for that, it is true that his intent is not the issue. It is considered a strict liability crime, but the statute does have the element of knowledge being required.

[Babaganoosh 192]

Can you imagine what the PRESS might have done with this story? They might have twisted it into "another school shooting avoided (or prevented)" etc.

 

Odd that we didn't see this in the news at all.

[Maksim 1,504]

Can you imagine what the PRESS might have done with this story? They might have twisted it into "another school shooting avoided (or prevented)" etc.

 

Lets not go crazy here.

[GRIZ 3,369]

If the kid's father left the gun in the truck then yes, the kid did not knowingly possess it.

Thanks for that, it is true that his intent is not the issue. It is considered a strict liability crime, but the statute does have the element of knowledge being required.

 

If the kid didn't know the gun was in the truck he would have to make a statement to the police or prosecutor or testify at trial. this would also require who did know the gun was there to do the same to verify the kid's statement. They would also have to explain how the gun was secured in a toolbox that was open enough to see the gun case. Very messy situation for the defense to try and talk themselves out of.

 

There is also the issue if the jury would believe someone did not know the gun was there.