I know it may not be easy, but please keep the discussion civil. Thank you.
If there were ever a thread to let the natives be restless its gotta be this one. A 2 hour free pass would be a very kind gift from the mods.
I know it may not be easy, but please keep the discussion civil. Thank you.
They should be charged if there's a law against what they did. But if there was no damage (not even cosmetic), then they didn't break the law that prohibits vandalism.
An attempted crime is one that wasn’t finished, which failed to achieve completion for one of two reasons:
The defendant did everything she set out to do, but failed. For example, she decides to shoot the victim, buys the gun, follows the victim, shoots, but misses. This is known as a “complete attempt,” or
The defendant does some of the acts needed to finish the crime, but is prevented from succeeding or decides to quit. For instance, the defendant takes the steps noted above but changes her mind at the last minute, or is prevented from continuing by the intervention of a police officer. This is known as an “incomplete” attempt.
Actually, attempted vandalism may also be punishable.They should be charged if there's a law against what they did. But if there was no damage (not even cosmetic), then they didn't break the law that prohibits vandalism.
Agreed; no one has disputed that. Still, attempted X is a less serious offense than X; and my point was that it's not good to accuse someone of a more serious offense than they actually committed.Actually, attempted vandalism may also be punishable.
Maybe, but OP still made a serious error in judgement.Agreed; no one has disputed that. Still, attempted X is a less serious offense than X; and my point was that it's not good to accuse someone of a more serious offense than they actually committed.
Yup, not disputing that either. Just cautioning against responding with bad judgement in the opposite direction. : )Maybe, but OP still made a serious error in judgement.
Actually in a situation like this he could have been charged the same as if he would have damaged the phone. Attempted destruction of property carries the same penalty as destruction of property. Just because he failed doesn't change the intent.Agreed; no one has disputed that. Still, attempted X is a less serious offense than X; and my point was that it's not good to accuse someone of a more serious offense than they actually committed.
This is way off-topic, but you're mistaken. Here's a summary of the actual law. Note: "vandalism is a crime that generally requires completion of the act".Actually in a situation like this he could have been charged the same as if he would have damaged the phone.
Agreed; no one said it does. But it does change the legal status of his actions.Just because he failed doesn't change the intent.
That's the vandalism law. Now look up the law regarding "attempt". I posted it earlier. It can, in this case, carry the same penalty as the actual act.This is way off-topic, but you're mistaken. Here's a summary of the actual law. Note: "vandalism is a crime that generally requires completion of the act".
Vandalism - FindLaw
Agreed; no one said it does.
Laws regarding attempted crimes vary not only from state to state, but also from crime to crime. Attempting to commit a particular crime is not itself a crime except where there's a specific law about attempting to commit that crime; what you posted earlier addresses such instances. The Findlaw article states that for vandalism--unlike some other crimes--you generally need completion of the act.That's the vandalism law. Now look up the law regarding "attempt".
I never expressed an opinion on whether he committed a crime. I simply don't know. He did not, however, commit the crime of vandalism (contrary to what was accused in one post here).Stating that he committed a crime, as others suggested earlier, is correct..
Had they caught him in the act he would have been charged with attempted destruction of property.Laws regarding attempted crimes vary not only from state to state, but also from crime to crime. Attempting to commit a particular crime is not itself a crime except where there's a specific law about attempting to commit that crime; what you posted earlier addresses such instances. The Findlaw article states that for vandalism--unlike some other crimes--you generally need completion of the act.
Lol, probably a good idea.Maybe we can all agree on "just a bad person with rotten judgement and shallow thought processes".