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by belorn 3049 days ago
It can be impossible to determining intent in some cases but that has not stopped law writers and politicians from defining intent and guilt in the absent.

The pirate bay case was actually a such example. The law that the judges cited in the case was based on the concept that if the majority usage of a tool is illegal then the owner of said tool can be held as an accomplish. The background text of that law was biker bars. The politicians wanted a way to confiscate the buildings, so they created the law. No intent needed of the owner, only establishing that the primary usage of the "tool" illegal and there you go. If you had a gun shop and the primary customers you got was murderers you could in theory be charged with assistance of murder in each case that the police can guess is likely to have happened. The pirate bay case also established that someone can be charged with with assistance even if the "original case" has not been proven.

Not saying any of that is good. The law is ugly, inconsistent and full of subjective aspects.

1 comments

> The pirate bay case was actually a such example.

The pirate bay isn't in the US.

And in general, the fact that some bad laws exist that violate the general principles the legal system as a whole operates under is no excuse for condoning such laws or not construing them as narrowly as possible to mitigate the damage done to the justice system by naked populism like that.

If there are so many marijuana users that the majority of pipes sold are used for marijuana rather than tobacco, it makes absolutely no sense to punish the people selling pipes rather than either punishing the people actually using marijuana or just legalizing marijuana.