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View Diary: It keeps happening: Faceless Bank's Repo Contractor hauls all of W Va. Woman's possessions to dump (279 comments)

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    War on Error, MDhome

    Being charged with a crime does not mean that a crime was committed, otherwise the concept of "innocent until proven guilty" goes right out the window.   You mention mens rea in another comment, from Wikipedia, emphasis mine:

    Thus, in jurisdictions with due process, there must be an actus reus, or "guilty act," accompanied by some level of mens rea to constitute the crime with which the defendant is charged...
    You might be right, the bank may be able to make a case that there was no mens rea and if they had been charged with a crime, they may have escaped being convicted of a crime on those grounds.  But that is for a court to decide and a court can only make that decision if there has been a criminal charge or charges filed against someone, which should happen simply because a crime was committed irrespective of intent.

    The prosecutor is not also judge and jury, it is not for him to decide whether or not there was mens rea when deciding whether or not to charge the bank with a crime.  All the prosecutor need be concerned with is whether or not there was actus reus (or "guilty act" and there most certainly was that).  There may well have been mens rea, at least at some level.  That's kind of the point in having a trial after charging someone with a crime, to determine as best as possible whether or not they have committed the crime with which they have been charged.

    The charge itself is just the formal accusation, not the conviction.  And there are plenty of crimes the bank could (and should) be charged with as I and others have noted above.  Whatever the verdict, the bank should have to defend their criminal actions before a court, which is my point.

    There can also be civil action independent of criminal action and I hope, too, that this woman sues the pants off the bank.

    Arrrr, the laws of science be a harsh mistress. -Bender B. Rodriguez

    by democracy inaction on Fri Aug 30, 2013 at 05:50:58 PM PDT

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