#562527 - 12/08/09 02:46 PM
Culpable Mental State....
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BUCK NASTY!!
Registered: 01/26/00
Posts: 6312
Loc: Vancouver, WA
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Someone here care to relay the definition in a sentence one could understand..... Todd? Keith
Edited by stlhdr1 (12/08/09 02:48 PM)
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#562529 - 12/08/09 02:49 PM
Re: Culpable Mental State....
[Re: Sol Duc]
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BUCK NASTY!!
Registered: 01/26/00
Posts: 6312
Loc: Vancouver, WA
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You think you will get a correct definition here. Figured Todd or the almighty knowledge of some those here might assist in understanding what the hell it means..... Keith
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#562536 - 12/08/09 03:05 PM
Re: Culpable Mental State....
[Re: stlhdr1]
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The Chosen One
Registered: 02/09/00
Posts: 13941
Loc: Tuleville
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"Generally, the state of mind which is necessary in order to commit a crime. At common law both an intent to commit a crime, called the mens rea, and the acts which constitute the crime were required to establish guilt. 4 Bl. Comm. *21. During the 19th century, American law developed the doctrine that punishment for crimes resulting in death depends upon the intent of the actor. Generally, willful, deliberate, and premeditated killing was classified as first degree murder, while a killing with malice, or mere intent to kill, would be classified as second degree murder. The distinction is statutory and varies widely among jurisdictions. Most modern criminal codes define the culpable mental states in specific terms such as acting intentionally, purposefully, knowingly, recklessly, or negligently."
Why you asking Keith? You gearing up to kill someone?
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#562540 - 12/08/09 03:07 PM
Re: Culpable Mental State....
[Re: The Moderator]
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BUCK NASTY!!
Registered: 01/26/00
Posts: 6312
Loc: Vancouver, WA
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" Why you asking Keith? You gearing up to kill someone? Maybe........ No, just reading over a ticket and the box was check marked.... Keith
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#562547 - 12/08/09 03:33 PM
Re: Culpable Mental State....
[Re: stlhdr1]
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Dick Nipples
Registered: 03/08/99
Posts: 27837
Loc: Seattle, Washington USA
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In layman's terms, it pretty much means that you understand the difference between right and wrong, and knew that what you were doing was wrong...or, at least, that you should have known.
If it's a speeding ticket, it doesn't mean that you knew the speed limit was 35, and you were going 50...it means that if you did know it was 35, then you know that you can't drive faster than that. Being mistaken about the actual speed limit doesn't change anything...yer still busted. It just means that if you knew the actual speed limit, then you know what that means and that driving faster than that can get you busted.
It's the old "ignorance of the law is no excuse" rule...a "culpable mental state" means that if you did know the law, then you'd also know how to either run afoul of it or not.
It's also what the M'Naughton rule of "not guilty by reason of insanity" is...in that instance, you can be found "not guilty" if you were mentally unable to tell the difference between complying with the law or not.
Make sense?
Fish on...
Todd
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#562550 - 12/08/09 03:48 PM
Re: Culpable Mental State....
[Re: Todd]
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BUCK NASTY!!
Registered: 01/26/00
Posts: 6312
Loc: Vancouver, WA
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In layman's terms, it pretty much means that you understand the difference between right and wrong, and knew that what you were doing was wrong...or, at least, that you should have known.
If it's a speeding ticket, it doesn't mean that you knew the speed limit was 35, and you were going 50...it means that if you did know it was 35, then you know that you can't drive faster than that. Being mistaken about the actual speed limit doesn't change anything...yer still busted. It just means that if you knew the actual speed limit, then you know what that means and that driving faster than that can get you busted.
It's the old "ignorance of the law is no excuse" rule...a "culpable mental state" means that if you did know the law, then you'd also know how to either run afoul of it or not.
It's also what the M'Naughton rule of "not guilty by reason of insanity" is...in that instance, you can be found "not guilty" if you were mentally unable to tell the difference between complying with the law or not.
Make sense?
Fish on...
Todd Perfect....... Thanks........ That explanation beats the hell out of the published definition of it. Keith
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#562559 - 12/08/09 04:40 PM
Re: Culpable Mental State....
[Re: ]
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Dick Nipples
Registered: 03/08/99
Posts: 27837
Loc: Seattle, Washington USA
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Busted.
If they're expired, and you know (or should know) that expired tabs can get you a ticket, then you're in a culpable mental state...it doesn't really matter if they are expired and you thought they weren't, so far as this discussion goes.
On a different note, however, if you really did think they were valid, and have a reasonable explanation for feeling that way, then that's an extenuating circumstance that a judge may give you some leeway on.
Two different situations...
In the first, the question is whether or not you are mentally capable of knowing what expired tabs are, and what the penalty is for having expired tabs.
In the second, you know that expired tabs can get you a ticket, but you reasonably thought your tabs were not expired...a "mitigating circumstance".
Your lawyer would argue in the first that his client is not capable of making the distinction due to some lack of mental acuity...i.e., he's legally insane.
In the second you'd argue that you understand that having expired tabs is a bad thing, you just didn't think that they were expired.
Still with me?
Fish on...
Todd
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#562606 - 12/08/09 06:24 PM
Re: Culpable Mental State....
[Re: stlhdr1]
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MPD
Registered: 01/02/08
Posts: 2544
Loc: Santa Rosa, CA
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" Why you asking Keith? You gearing up to kill someone? Maybe........ No, just reading over a ticket and the box was check marked.... Keith They give out tickets for shooting seals?
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#562612 - 12/08/09 06:44 PM
Re: Culpable Mental State....
[Re: Mikespike]
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BUCK NASTY!!
Registered: 01/26/00
Posts: 6312
Loc: Vancouver, WA
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" Why you asking Keith? You gearing up to kill someone? Maybe........ No, just reading over a ticket and the box was check marked.... Keith They give out tickets for shooting seals? Although I've had plenty of fish "stolen" by them pesky buggers I couldn't bring myself to pulling the trigger on one. The consequences are WAY to steep. Keith
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#562618 - 12/08/09 07:16 PM
Re: Culpable Mental State....
[Re: stlhdr1]
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Dick Nipples
Registered: 03/08/99
Posts: 27837
Loc: Seattle, Washington USA
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I know this, Stam, that whenever I buy tabs for any of my various junkers, boats included, it seems to me that if they were tabs that had been expired for a while, that I get a whole year from the day I buy them...did they prorate your license fee, or charge you for a whole year and then only give you tabs good for half a year?
If you paid the entire cost, and only got half a year...well, I'd say you got screwed. If you got your license tabs prorated for the time they were valid on their face...well, I'd say that you are screwed.
Fish on...
Todd
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#562658 - 12/08/09 09:41 PM
Re: Culpable Mental State....
[Re: Todd]
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WINNER
Registered: 01/11/03
Posts: 10363
Loc: Olypen
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Stam, I think you'll win this one IF you bought new plates and put tabs on them. The Auditor's Office, or DOL, should have issued you new tabs for the vehicle, since its previous state was a total loss which required a State Patrol inspection before it was considered "roadable" again.
Good Luck.
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#562664 - 12/08/09 09:53 PM
Re: Culpable Mental State....
[Re: ParaLeaks]
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Three Time Spawner
Registered: 09/07/05
Posts: 1832
Loc: Kitsap Peninsula
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I received a speeding ticket about month ago. Since I hadn't had a ticket in over 7 years, I asked for a deferment for a year. The hook is that if I get another ticket, I have to pay both. If I don't the ticket goes away. This may work depending on your driving record.
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#562682 - 12/08/09 10:15 PM
Re: Culpable Mental State....
[Re: Chuck E]
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Juvenille at Sea
Registered: 09/25/09
Posts: 194
Loc: kitsap
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I was issued a drivers license once that expired a month later.Got a ticket six months later for driving with an expired drivers license.Jefferson county judge let me off.They also misspelled my street name by one letter so I never got notified.
Do you have something,lost on your desk saying they expired??
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#562898 - 12/09/09 03:56 PM
Re: Culpable Mental State....
[Re: ]
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The Chosen One
Registered: 02/09/00
Posts: 13941
Loc: Tuleville
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any bets on if I get a contempt of court citation before it's over? and, who's bringin' me cigs in jail? I'd be willing to wager that you will not be cited for contempt of court and thrown in the hoos-cow. But, if you do, I think the least we can do is scrounge up enough cash to get you a case of cigs to save barter/your "virginity" as well as maybe stashing in a shiv or two for you.
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#562902 - 12/09/09 04:00 PM
Re: Culpable Mental State....
[Re: ]
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The Chosen One
Registered: 02/09/00
Posts: 13941
Loc: Tuleville
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$30, huh? Ouch!
I'll chip in $5 and a rusty nail.
Anyone else?
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Tule King Paker
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#562906 - 12/09/09 04:10 PM
Re: Culpable Mental State....
[Re: The Moderator]
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Dick Nipples
Registered: 03/08/99
Posts: 27837
Loc: Seattle, Washington USA
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I found a dull spoon in my backyard under a pile of leaves...if someone's willing to get it to Enumscratch...it's yours.
Fish on...
Todd
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Team Flying Super Ditch Pickle
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#562907 - 12/09/09 04:15 PM
Re: Culpable Mental State....
[Re: Todd]
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River Nutrients
Registered: 11/08/06
Posts: 3359
Loc: Island Time
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I've got an old ladies manicure file that Blades gave me.....
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