this post was submitted on 13 Aug 2024
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Today I Learned

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[–] spongebue@lemmy.world 13 points 3 months ago (1 children)

It's not intent to break the law, it's intent to do what you did. If I walk out of a store with a can of tuna I didn't pay for, that's shoplifting, right? Well, not necessarily.

If I walk into a store, pick it up off the shelf, hide it in my jacket, and dart for the exit, probably.

If my toddler slipped it into my jacket pocket, and I didn't notice, probably not.

If I put it in my jacket pocket because my toddler started to run away, I forgot about it, and paid for a cart of groceries... Maybe? But unlikely to convince a jury beyond a reasonable doubt that it wasn't an accident.

[–] octopus_ink@lemmy.ml 3 points 3 months ago (1 children)

It’s not intent to break the law, it’s intent to do what you did. If I walk out of a store with a can of tuna I didn’t pay for, that’s shoplifting, right? Well, not necessarily.

But they did mean to take pictures of minors in the privacy of their bedrooms in the name of stopping petty theft which I’m doubtful would have occurred on any meaningful scale in the first place. Whether they meant it “criminally” seems immaterial here. I think they got off exceptionally light, and it’s a travesty of justice. You won’t convince me otherwise.

[–] spongebue@lemmy.world 1 points 3 months ago

If I won't convince you otherwise there's not much point in discussing anything. I'll throw out one point I mentioned in another comment nonetheless...

From what I remember of this school district's case, the laptops were assigned the laptops for free to use at school. If they wanted to take the laptops home, they needed to pay an additional fee for extra insurance costs. This student did not. There is a reasonable argument that the school was tracking down its missing property. Maybe you won't be convinced otherwise, but a jury (really, a single jury member) very well could.