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Court Rules Trojan Responsible For Child pr0n
posted by scubacuda on Tuesday April 22, @06:23PM
from the first-argument-of-this-kind dept.
Criminal Law The Inquirer and Get Reading report that a UK man accused of having pornographic pictures of kids on his computer was acquitted after a court heard that his machine was infected with a Trojan on his PC which probably auto-downloaded the images. (In light of moves like Operation Ore, we'll probably hear more defenses like this.) /. commentary HERE

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    Court Rules Trojan Responsible For Child pr0n | Login/Create an Account | Top | 1 comments | Search Discussion
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    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    The problem with "possession" crimes (Score:1)
    by satch89450 ({spamfilter} {at} {fluent-access.com}) on Wednesday April 23, @10:19AM (#658)
    User #647 Info | http://www.satchell.net/

    I have a real problem with the concept of "guilty while holding" like this situation. The guy was fortunate he was in the UK because in the US I don't thing the prosecutor would have bought the idea that "The Virus Did It."

    I mean, c'mon. Where is the necessity for proving mens rea for most possession crimes? The way these possession-crime laws read, there is absolutely no need to prove "guilty mind."

    Case in point: about 12 years ago a friend's car was searched, and a good-sized bag of heroin was found. Good job, lived within his means, no evidence of drugs before, including drug dealing. In fact, this is a guy who hated drugs of all shapes and sizes -- getting him to take aspirin was a major deal, and he had to be in a LOT of pain. The guy did have a temper, though, and he tended to piss people off. The only thing we friends could think of is that George pissed off the wrong person, a person with access to drugs and enough money to "waste" $2K-worth to teach someone a lesson. The trial was a joke: "The drugs were in your car. GUILTY."

    Another case in point: three years ago a fellow decided he would study to become a locksmith. He spent $29 for a set of picks to learn the craft of lock-picking. In his home. Behind closed doors. He was arrested in his home AND CONVICTED for possession of "burgler tools."

    I don't disagree that there is a need to crack down on kiddie porn. I disagree with the tools our legislators (in multiple countries) have honed to try to solve the problem. I think that ANY law that does not require proving a "guilty mind" is offensive. After all, isn't that the principal behind "not guilty by reason of diminished capacity"? The inability to have a "guilty mind"?

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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