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by giantg2
812 days ago
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Except statute and common law can define intent using prima facia definitions. In PA it's considered prima facia evidence as defined in statute that you're hunting if you're walking in the woods with a gun. Doesn't matter your true intent. If you removed an item from a store without paying for it, that's prima facia evidence of shoplifting defined in common law. Again, true intent doesn't matter. The courts will even create president that goes against statute just to make conviction easier - the statute for dog control says it must be "under reasonable control". Instead the courts have ruled that it is a strict liability offense and not subject to the reasonable standard. So yeah, there's a lot of miscarriage of justice, or at least potential for it. Nobody really cares until it happens to them. |
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