Student expelled and charged with felony for forgetting unloaded shotgun in truck.

[Billybob]

Intent should always be a factor. The situation sucks, the law is STOOPID! The Govenor of that state should pardon the kid.

You'd think so...

(menz-ray-ah) The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

Criminal intent. The state of mind indicating culpability which is required by statute as an element of a crime. See, e.g. Staples v. United States, 511 US 600 (1994).

http://www.law.cornell.edu/wex/mens_rea

Staples v. United States, 511 US 600 (1994) is an interesting example.

http://american-civil-liberties.com/cases/4521-staples-v-united-states-511-us-600-1994.html

 

[Billybob]

[WTVD reported that two school officials had brought guns onto school property in the past. One, a teacher at another high school within the district, was cited and resigned. The other is actually the assistant principal at Princeton High School where Cole spent the last four years. That person was suspended for three days and still works at the school. Neither case saw criminal charges like those Cole faces....

Johnston County schools spokeswoman Tracey Peedin Jones said the school system has to follow state law regarding weapons on campus.

"Please know that with student and personnel issues, we carefully balance all factors to arrive at a fair and just outcome," she said in a statement Wednesday. "Certain items are mandated and we have no choice but to follow the law."

Must be one of those "more equal under the law" things.

 

[tran]

Interesting that if the administration does it, it's a misdemeanor, but a felony if a student does it.

http://news.yahoo.com/student-expelled-charged-felony-tried-thing-forgot-shotgun-154224579.html

Hell, growing up in Nacogdoches Texas we all had guns in the gun racks loaded during season. We have went way overboard.

 

[tran]

[WTVD reported that two school officials had brought guns onto school property in the past. One, a teacher at another high school within the district, was cited and resigned. The other is actually the assistant principal at Princeton High School where Cole spent the last four years. That person was suspended for three days and still works at the school. Neither case saw criminal charges like those Cole faces....

Johnston County schools spokeswoman Tracey Peedin Jones said the school system has to follow state law regarding weapons on campus.

"Please know that with student and personnel issues, we carefully balance all factors to arrive at a fair and just outcome," she said in a statement Wednesday. "Certain items are mandated and we have no choice but to follow the law."

Must be one of those "more equal under the law" things.

Some of the laws are just plain Stupid... It's funny how we only inforce the ones we want to...