[ RadSafe ] xray WMD - Mere Intent and Voodoo Doll

[Brennan, Mike (DOH)]

I find it difficult to conclude that putting the alleged HOMO SAPIENT (the "sapient" portion being not in evidence) in prison benefits anyone.  

Can he be sentenced to having his picture turned into an internet meme for being as stupid as he is nasty?  

-----Original Message-----
From: radsafe-bounces at health.phys.iit.edu [mailto:radsafe-bounces at health.phys.iit.edu] On Behalf Of roseb at gdls.com
Sent: Friday, September 04, 2015 9:29 AM
To: radsafe at agni.phys.iit.edu
Subject: Re: [ RadSafe ] xray WMD - Mere Intent and Voodoo Doll


>Sticking up a bank with a fake gun is still a robbery with a victim.
Conspiring to commit a crime that is physically impossible is a different matter.  Unlike the fake gun in a robbery, the "death ray" was never built or deployed.  In my conception of justice, mere intent to commit mass murder should not be enough to convict (a thought crime), there should also be a credible chance of success.  Had this person been constructing a Vodoo doll with which to commit mass murder, would he have been guilty of a crime?  I think not.  If the law would say otherwise, then the law is an ass.

Mere intent to commit mass murder should not be enough to convict (thought
crime) - the court found the intent to be active and credible based on the evidence presented, and found the accused guilty under the law. It was fortunately not necessary and sufficient for the thought crime to come to realization as an actual physical crime as intended by the accused.

Use of voodoo dolls as opposed to other credible or not credible WMDs - it is assumed that this example was offered to make a point using an extreme ludicrous analogy.  This analogy is not so extreme or ludicrous; see

"Voodoo Doll Lynching” Race Discrimination Verdict Upheld http://pospislaw.com/2012/06/16/voodoo-doll-lynching-race-discrimination-verdict-upheld/

No one was "physically" injured or harmed by-proxy of the lynched doll, however, the symbol and possibly even the intent (thought) behind the symbol was initially found by and subsequently upheld by the court to have created a hostile employment / work environment for employees for whom such symbols historically and even currently have real and tangible psychological and physical significance.

Also see

Impossibility, Subjective Probability, and Punishment for Attempts http://www.daviddfriedman.com/Academic/Impossibility_attempt/Impossibility_attempt.html

Search on "voodoo doll" for discussion of case analogous to the voodoo doll vs other wmd as a criminal act presented in this x-ray wmd thread. The above linked discussion is not a "peer reviewed" discussion, but it does make some interesting and entertaining points as to whether or not impossible or unfeasible intent or attempts should be punishable under the law.

Henry

Boyd H. Rose, CM, CIH, CHMM, EI
Sr. Safety and Environmental Engineering Specialist Corporate Radiation Safety Officer General Dynamics Land Systems
38500 Mound Road
Mail Zone 436-10-80
Sterling Heights , MI 48310-3200
Tel: 586 825 4503
Fax: 586-939-4140
E-mail: roseb at gdls.com
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