OA536: The Tennessee Judge Who Keeps Jailing Kids
Opening Arguments
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The Criminal Law Says You Can Be Responsible for the Conduct of Somebody
The children were arrested, taken into custody for a criminal offence that is not an independent criminal offence. It would be like saying thomas smith hates donald trump, so therefore the mensrea for murder is a desire to see somebody dead,. Or a depraved heart, indifference to whether that person lives or dies. So that part of the story is, in fact, true. But also, it uses the words the offence rightly. And you have to pare this up with an actual, a, with actual conduct that is prohibited by law. You actually don't even get to that.
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