Thread: Comey Statement: Will it result in changing the U.S. legal system?

I understand your question and. I do not think this will change the legal system in any way for the average citizen.

I also think this is a very dangerous precedent the FBI just set with their finding and are just passing the buck on up the line for an actual determination of guilt.

I don't think it will change how things are prosecuted as the "intent" is already baked into many of our laws already.

As an example, the EPA has different tiers of fine/punishments for various infractions (paperwork, deadlines, spills). There are clear guidelines set for what the "intent" was for the offending party.

The only grey area is the person(s) / agency doing the investigation. Every investigator is going to have a certain amount of bias based on past experience or pressure from external sources.

I doubt it would change the legal system in the US. An accused person has to be shown to have deliberately set out to do the crime they are accused of and have the mental capability to understand right from wrong at the time the crime they are accused of was committed. Like Joel said Mens Rea. If both can't be fully proven you have no case.

In the case of a drunk driver killing someone most people do not set out to get drunk in order to kill someone and while drunk you have a diminished mental capacity to fully understand right from wrong. They are not usually charged with murder.

If you think Comey was passing the buck or had been "gotten to" is a different discussion altogether from my pov.

Bob

When it comes to security items that's a entirely different thing than typical criminal cases. To prosecute her it's not just intent but the type of items and if it affected national security and to what degree. Having worked in Govt and having had a security clearance I can tell you that violations occur all the time and for typical cases it's handled administratively meaning the person's security clearance is revoked which means termination if it's permanent. Unfortunately in this case politics is getting in the way.

A case like Petraeus is different because he knowingly gave away security items and that's serious stuff.

Life gets complicated if you have a security clearance above "Rumour".

Bob

Life is not black and white, and there is a range of options not only for different circumstances but even for the same circumstances.

People with means and resources most of the time get more favorable terms. And when they don't they will be perceived as getting it.

It's not so much they get better treatment as they can afford good legal counsel as opposed to some legal aid attorney who is overworked or incompetent.