General Discussion

AnotherMcIntosh

(11,064 posts)

88. Proof of a general intent is not sufficient. A specific intent is required.

Wed Jul 24, 2013, 06:34 PM

Jul 2013

E.g., if homeless couple caught in a snow-storm (say Tom Cruise and Nicole Kidman) break into a house to escape from the storm, they've committed a trespass but not a burglary.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

133 replies

= new reply since forum marked as read

Highlight:

bank repos wrong house, gets rid of property, refuses to make restitution [View all] littlewolf Jul 2013 OP

wait until the pain and suffering law suit hollysmom Jul 2013 #1

Good Lawyers Have To Be Standing In Line! ProfessorGAC Jul 2013 #2

Looking for a new job? Ha, they'll probably promote him and double his salary. RC Jul 2013 #3

The sit on your hands police force decided to exboyfil Jul 2013 #11

Burglary requires intent in criminal law. former9thward Jul 2013 #61

That is correct Sanity Claws Jul 2013 #70

What about theft, unlawful taking, or whatever that jurisdiction cares to call it? (NT) Heywood J Jul 2013 #123

It's not burglary because burglary is a specific intent crime. AnotherMcIntosh Jul 2013 #87

There was intent though... Lancero Jul 2013 #107

A conviction for burglary requires proof of specific intent, not proof of a general intent. AnotherMcIntosh Jul 2013 #115

They specifically chose that house... Lancero Jul 2013 #122

Do you have the prosecutor's phone number? Why not give him a call and explain it to him? AnotherMcIntosh Jul 2013 #124

I hate to say it... awoke_in_2003 Jul 2013 #29

This is not the type of lawsuit for which pain and suffering are compensated. AnotherMcIntosh Jul 2013 #86

why not? hollysmom Jul 2013 #132

How many years in jail would it be for stealing everything out of a house? robinlynne Jul 2013 #4

Zero! Corporations are people when it benefits them... TroglodyteScholar Jul 2013 #23

This is a civil matter not criminal. former9thward Jul 2013 #62

They might not have intended to burglarize the home but they did intend to remove the contents ladjf Jul 2013 #67

Whether they intended to steal her propert or not, the end result is THEY STOLE HER PROPERTY! Fla Dem Jul 2013 #127

You can shout all you want. former9thward Jul 2013 #130

Fucking banksters! Rex Jul 2013 #5

There's a huge issue being mentioned, the retail vs. wholesale paradigm Trillo Jul 2013 #6

all the more reason a jury should do the negotiations littlewolf Jul 2013 #7

The bank needs to come up with the Jenoch Jul 2013 #57

Breaking & entering, grand larceny. Who is going to jail? n/t PowerToThePeople Jul 2013 #8

Exactly! Beearewhyain Jul 2013 #10

Exactly! Orrex Jul 2013 #13

She needs to go to the police and make a criminal complaint. pa28 Jul 2013 #33

And they would correctly tell her to file a suit. former9thward Jul 2013 #63

You keep using the word "intent". blackspade Jul 2013 #66

The minute you break into property you know is not your own you have committed a crime. former9thward Jul 2013 #74

I don't think that is true. blackspade Jul 2013 #75

If it was reasonable you will not be charged -- or at least convicted. former9thward Jul 2013 #76

OK, so it was a friends house. blackspade Jul 2013 #78

Proof of a general intent is not sufficient. A specific intent is required. AnotherMcIntosh Jul 2013 #88

So this guy should not be charged Beearewhyain Jul 2013 #72

Courts rarely allow the "I was too drunk to know what I doing" defense. former9thward Jul 2013 #73

Regardless of what the courts may or may not do in the future Beearewhyain Jul 2013 #79

He was charged with trespassing and destruction of property, not burglary. AnotherMcIntosh Jul 2013 #89

Never said burglary Beearewhyain Jul 2013 #95

You did say, while apparently being confused over the intent issue, "So this guy should not be AnotherMcIntosh Jul 2013 #96

Ok then... Beearewhyain Jul 2013 #99

The bank should be. But you can't force the police to do anything that they don't want to do. AnotherMcIntosh Jul 2013 #101

Cool, cool, cool Beearewhyain Jul 2013 #102

Isn't that against the rules or something? AnotherMcIntosh Jul 2013 #114

If there was "no intent" the bank should have bent over backwards to fix things... cascadiance Jul 2013 #80

But they still have her property. Right? pa28 Jul 2013 #83

Clearly, Trespassing is a criminal and not a civil issue Sheepshank Jul 2013 #128

It depends on what was taken. former9thward Jul 2013 #131

Butbutbutbutbutbut.... corporations are people, my friend HillWilliam Jul 2013 #34

I hope she sues... tallahasseedem Jul 2013 #9

The bank hired a company to do the deed. oneshooter Jul 2013 #12

it's even broader cab67 Jul 2013 #38

Welcome to DU, cab 67! But how could she find out where her stuff is? n/t pnwmom Jul 2013 #43

Most of the time those items are just thrown in a dumpster. haele Jul 2013 #50

If the bank hired a company... pipi_k Jul 2013 #125

She should press charges for breaking and entering and grand larceny. This is THEFT, not a mistake. LaydeeBug Jul 2013 #14

She tried exboyfil Jul 2013 #15

That's *Crazy*. She should dial 911 and record it. There should be cameras there when the police LaydeeBug Jul 2013 #17

Police are there to protect the wealthy. nt awoke_in_2003 Jul 2013 #30

+1 Go Vols Jul 2013 #133

Ya think maybe the local police is more friendly with the bank? Omar4Dems Jul 2013 #31

Equal Protection and all that. Daylight is the best disinfectant. nt LaydeeBug Jul 2013 #32

Not anymore quakerboy Jul 2013 #65

This is why my generation started calling them "pigs" lark Jul 2013 #45

She said it was a mistake. The bank said it was a mistake. AnotherMcIntosh Jul 2013 #90

I'm coming to your house while you're gone, and after I pillage all of your possessions, I'm going LaydeeBug Jul 2013 #110

except I am not *really* coming to your house, just sayin'. nt LaydeeBug Jul 2013 #111

That would be a mistake. If you do come, however, feed the dog. AnotherMcIntosh Jul 2013 #116

Banks have liability insurance Jenoch Jul 2013 #16

yup, as well as the company hired to do the deed. nt littlewolf Jul 2013 #21

Wow -- that's nuts theHandpuppet Jul 2013 #18

Cops aren't interested ? dusty trails Jul 2013 #19

She definitely needs to sue everyone involved, including MsPithy Jul 2013 #20

not sure if she can sue the police. littlewolf Jul 2013 #22

The banks are literally worse than terrorists. avaistheone1 Jul 2013 #24

Some think that the police are too. AnotherMcIntosh Jul 2013 #97

Might I suggest she follow this example? Savannahmann Jul 2013 #25

Not only all the other stuff but an AWFUL business decision as well, the difference between hughee99 Jul 2013 #26

I read this last night. blackspade Jul 2013 #27

how is this not burglary? seriously arely staircase Jul 2013 #28

i suspect they get out of criminal liability based on lack of criminal intent. unblock Jul 2013 #36

Yes you're right zipplewrath Jul 2013 #42

Seriously, burglary requires a specific intent and none can be shown. She even said it was a mistake AnotherMcIntosh Jul 2013 #91

The Wholesale/Retail argument is an example of why the number of lawsuits go up. Dustlawyer Jul 2013 #35

Why haven't the local police arrested the bank officers? dbackjon Jul 2013 #37

It is an obvious mistake that is now a civil matter. Jenoch Jul 2013 #59

And the refusal to compensate? dbackjon Jul 2013 #60

Yeah, that bank is now in a shitstorm. Jenoch Jul 2013 #64

Right..... blackspade Jul 2013 #68

Nope, you cannot make that comparison. Jenoch Jul 2013 #71

And why not? blackspade Jul 2013 #77

It would be obvious to you that Jenoch Jul 2013 #84

That is a good point. blackspade Jul 2013 #103

I do agree Jenoch Jul 2013 #105

I can see that. blackspade Jul 2013 #118

I might suggest Jenoch Jul 2013 #119

Very possible. blackspade Jul 2013 #120

With the mounting anger at their callous injustices, it's no wonder they need to monitor us n/t Catherina Jul 2013 #39

x2 AnotherMcIntosh Jul 2013 #93

Theft is a crime Mr. Bank President and you and your accomplices should be arrested. TeamPooka Jul 2013 #40

I would sue anybody and everybody involved Aerows Jul 2013 #41

I would as well - including the police dept that closed the case. nt TBF Jul 2013 #52

Yep, them too n/t Aerows Jul 2013 #58

Settlement With a Non Disclosure Agreement BlueNAlabama Jul 2013 #44

There is a great book. House of Sand and Fog mainstreetonce Jul 2013 #46

I forgot all about that book... Phentex Jul 2013 #104

minimum settlement after treatment like that... 1st- pay remaining mortgages on house stlsaxman Jul 2013 #47

Good fucking lord, does the bank not understand what a goodamned jury would do to them? Poll_Blind Jul 2013 #48

This is what God made Punitive Damages for. closeupready Jul 2013 #49

When a CEO gets the "needle" for his crimes against America, then I would consider alfredo Jul 2013 #51

Unbelievable, shameful and sickening... mountain grammy Jul 2013 #53

Amazing.... xocet Jul 2013 #54

She'll have due process through our regulated banking system. Eleanors38 Jul 2013 #55

why is this not FELONY theft? pansypoo53219 Jul 2013 #56

Just wait... This ASSHOLE will laugh it off and do another house next to the one he was supposed to cascadiance Jul 2013 #81

Usually banks have contractors do this sort of thing. lpbk2713 Jul 2013 #69

The rich are out of control liberal N proud Jul 2013 #82

Time to start eating banksters........ kestrel91316 Jul 2013 #85

Honestly... SnowSakura0813 Jul 2013 #92

Call the police. Fantastic Anarchist Jul 2013 #94

The police already closed the case. NutmegYankee Jul 2013 #108

Seems to be the law of the land. nt Fantastic Anarchist Jul 2013 #113

this bank should lose its entire profit for each and every day they make this woman wait dsc Jul 2013 #98

Can the new consumer agency do anything about this? Isn't there a law to protect the woman? kelliekat44 Jul 2013 #100

Exactly. This isn't the first time a bank has foreclosed on the wrong house. Gormy Cuss Jul 2013 #109

Why aren't they in Jail? They broke into a house and took some else's belongings. Sivafae Jul 2013 #106

Yes, sue. But press charges for breaking and entry, and theft on point Jul 2013 #112

I clicked expecting this to be Bank of America KentuckyWoman Jul 2013 #117

K&R woo me with science Jul 2013 #121

For just retribution, she should be allowed to raid the bank vault... Blue_Tires Jul 2013 #126

First National Bank in Wellstone is an unhealthy bank Small Accumulates Jul 2013 #129