Liable but not Culpable, Part 2: Lexplaining Intent in the Criminal System

Welcome to the second installment of the Lawyers & Liquor series on the difference between the criminal and civil justice systems.  I’m your host, the Boozy Barrister.

So last time we talked about the general differences between the criminal and civil justice systems.  We talked about the difference between the burdens of proof necessary to hold someone responsible for an offense, the intention of the two systems, the nature of who is bringing a case, the punishments, and where the basis for criminal and civil law is found.  That was all leading up to today’s discussion, which could possibly be useful for lawyers that have lost half of their brain, or may have been practicing in one area for so long that they’ve forgotten the differences when they switch fields.

So, today on Lawyers & Liquor, and without any further dilly dallying back and forth, we’re going to start talking about the concept of mens rea in both the civil and criminal systems.

Let’s start with a conversation today about mens rea and criminal law because, once fucking again my wonderful little shit stains, this shit is somewhat complex and I’m basically boiling down like three weeks of criminal law courses into a single goddamn post for you.

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Liable But Not Culpable: Lexplaining The Criminal and Civil Justice Systems, Part 1

It’s May! Well, it’s halfway through May, and so in my infinite wisdom and general niceness, because I’m simply on heck of a guy who cares about those lowly law students, I’ve decided that I’m going to do a bit of a primer on a key difference in law that most people don’t understand.  Hell, I’ve met lawyers that don’t really understand it. It’s because the difference that we’re talking about here is the difference between criminal culpability and civil liability, and the difference between what criminal intent and civil intent are.

Have I gone long enough without cussing that it won’t show up on the article previews in social media? Thank fuck.  Alright, listen, if you’re a lawyer and you don’t already know this shit, hand in your law license.  There is literally no reason for you to be practicing law. No reason, whatsoever. This is some basic ass shit, like, so basic we’re talking “pumpkin spice latte wearing ugg boots” levels of basic.   There’s absolutely no reason a practicing attorney shouldn’t already be aware of this first-year-of-law-school bullshit, but it was requested by a reader that I dig into the difference between the two, and that’s what we’re going to do today: the difference between civil liability and criminal culpability.

But before I even start to talk about that, the difference in the state of mind needed and the types of shit that happens, we gotta make sure the non-lawyers out there understand the difference between criminal and civil.  And that means, of course, that we’re going to end up doing a Lexplanation (you like that? I like it.  It’s a portmanteau of lex, the Latin for law, and explanation, the English for “talking slowly and loudly to morons”).

So, I don’t know guys, go get some coffee or something and see what Popehat is up to? He’s normally got some decent shit on his site.  I’ll be over here forcefeeding basic legal knowledge to muggles and walking malpractice suits.

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InkedFur.com’s Furry Friday: FOSTA Parents Suck – Pounced.org and the Sex Trafficking Shutdown

Welcome to Inkedfur.com‘s Furry Friday here on Lawyers & Liquor, where it’s time to let out our inner technicolor zoo to run rampant over common sense and good taste.  For one day one each month I, the Boozy  Barrister, sprout the head of a badger and become the Boozy Badger to rant profanely about legal issues and news in the furry fandom.  So snuggle up to your favorite, unconvicted-of-any-crime fursuiter, settle in, and let’s get this Dead Dog dance started with this month’s discussion of…death.

While March has seen a lot of death in the fandom, we’re going to be talking today about the death of the …what is this here…furry dating site called Pounced.org.  A furry dating site? I thought that’s what Twitter was for. Huh. You learn something new every day, don’t you? I mean, with the number of furries showing their raging assholes on Twitter, I assumed…never mind. Let’s all turn into maw lovers and get right to the meat of the matter to discuss how the federal government swooped in to destroy the dating scene of those poor, lonely furs out there on their lonesome.

Go get a coffee or a cigarette.  This is gonna take a bit.

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Guest Post by Bill M. Hours – A Concussive Blow To Contact Sports Coming to a Family Court Near You?

[Boozy:  Today we welcome back Bill M. Hours, our erstwhile contributor, with another guest post to keep my goddamn queue from overflowing.  Bill is an insurance defense attorney, a peon, a pleb, and an all around nice guy despite his work for the evil empire of Defense Attorneys.  You can find him on Twitter at @billmhours.]

If someone you cared about asked for your opinion on whether they should play football; full contact, pads and helmets, grass-in-mouth football, what would you say?

Many of us today probably would caution against it. I know that when I run this scenario through my mind, my hypothetical self goes through various derivations of “fuck no” before deciding that phrases which aren’t broke don’t require fixing. I’d imagine that if one of my children ever asked me to let them play football, I’d most likely ask for a paternity test, but then also immediately lodge my opposition. In my case, this probably wouldn’t be too difficult to enforce because my spouse, while very interested in cooking, probably isn’t looking to be dealing with scrambled brains any time soon.

Perhaps I’ve tipped my hat too soon, in terms of expressing my opinion on the effects of football, but I don’t wish to make it sound like I hate ‘sportsball.’ In fact, where I come from, football in all its forms is a celebrated pastime. I even partook in the bashing of heads myself as a younger fellow (it was “Billy” back then), and I know from secondary experience that playing football can help young men in having an outlet to express hormonal emotions, and by helping them to develop discipline which can transfer into everyday life.

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InkedFur’s Furry Friday: Hewwo Copywighted Wowks! Who Owns Your Commission, Part 2

Hello my fuzzy little horde of anthropomorphic intellectual property infringements! It’s time once again for another Inkedfur.com Furry Friday here on Lawyers & Liquor, where I pop open the gates and let the technicolor zoo roam the streets with wild abandon. This time, in a continuation from our discussion of copyright and your totally original and not at all Disney derivative original character, we’re going to go totally vore and get into the meat of the matter. That’s right, this time we’re going to discuss who, in all actuality, owns that commission  you just paid someone to draw of a giraffe named Gerald seductively eating an ice pop or something.

Look, I don’t know what you fuzzy little assholes pay people to draw. That’s between you and whatever god you’re currently making cry.

So last time we covered a lot of the basic of what a copyright is, how you register one, etc. etc. etc. You know, all that advice that you guys are totally not going to listen to because, goddammit, you definitely have better things to do with your time and money then protect your art and fixed tangible ideas. This time we’re going to talk about something a lot more personal: what if the only fucking reason the art exists at all is you paid your hard-earned money to get someone to draw it for you?

Well. That’s a horse of a different art style, now isn’t it?

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