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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
Verified account
@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      How would you propose a workable motive requirement? This is a prophylactic law that is designed to be enforced evenhandedly by cops on the scene.

      12 replies 0 retweets 1 like
    2. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @AnOnoma3 @jadler1969

      First of all, the criminal law often criminalizes conduct based only on motive--laws that are enforced by cops on the scene. Happy to share my law review article that chronicles some of those laws with you if you are interested.

      2 replies 6 retweets 52 likes
    3. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @CBHessick @baseballcrank and

      Second, I'm not sure why you think the previous law didn't cover giving food and drinks to people to encourage them to vote a different way. It prohibited solicitation in any manner by any means or method. Do you disagree with that reading, because the text seems quite clear.

      2 replies 7 retweets 47 likes
    4. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @CBHessick @baseballcrank and

      Third, is your argument now that the new law criminalizes more behavior than necessary because law enforcement couldn't easily enforce a more narrowly tailored law? Because if so, then you are arguing in favor of overcriminalization (and apparently contradicting your article).

      3 replies 5 retweets 44 likes
    5. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      There is always a balance between ease of enforcement vs narrow focus on motive. Always. Here, there is no risk of an *accidental* violation.

      9 replies 0 retweets 0 likes
    6. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @AnOnoma3 @jadler1969

      I don't understand this tweet. Accidental on the part of whom?

      1 reply 0 retweets 8 likes
    7. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      The person giving gifts to voters. Protecting vs prosecution of accidental violations is one of the traditional arguments for why we need mens rea requirements.

      1 reply 0 retweets 0 likes
    8. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @AnOnoma3 @jadler1969

      Under this logic, making it illegal to drive a car is better than having the crime of reckless driving because some people might "accidentally" drive recklessly. Mens rea requirement are usually praised for making criminal law narrower, not broader.

      2 replies 1 retweet 12 likes
    9. Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      We do make it illegal to drive *without a license* on a similar theory.

      1 reply 0 retweets 0 likes
    10. Carissa Byrne Hessick‏ @CBHessick Mar 27
      Replying to @baseballcrank @AnOnoma3 @jadler1969

      There are actually multiple reasons behind requiring drivers to be licensed, not simply to prevent reckless driving. In a licensing scheme we actually require people to complete a test to ensure they know the law. Just criminalizing more behavior doesn't do that.

      1 reply 0 retweets 3 likes
      Dan McLaughlin‏Verified account @baseballcrank Mar 27
      Replying to @CBHessick @AnOnoma3 @jadler1969

      The point is, mens rea requirements are important - but there are many areas where enforcement is more uniform & less discriminatory where we don't inquire into intent.

      11:04 AM - 27 Mar 2021
      3 replies 0 retweets 0 likes
        1. New conversation
        2. Carissa Byrne Hessick‏ @CBHessick Mar 27
          Replying to @baseballcrank @AnOnoma3 @jadler1969

          Two responses First, a motive and a mens rea are different, and you appear to be confusing them and it's affecting your argument. Second, please let me know which areas of the law you think have uniform and non-discriminatory enforcement. Because I am not aware of any.

          1 reply 0 retweets 19 likes
        3. Tom‏ @tomfooleryatlaw Mar 27
          Replying to @CBHessick @baseballcrank and

          I'm sure we can think of some laws that have never been enforced.

          0 replies 0 retweets 0 likes
        4. End of conversation
        1. Tom‏ @tomfooleryatlaw Mar 27
          Replying to @baseballcrank @CBHessick and

          Thankfully, there is no way to know which areas will have much longer wait times at the polls, so this law preventing anything from being distributed to make a long wait more bearable cannot possibly be seen as discriminatory.

          0 replies 0 retweets 0 likes
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        1. Sam Ryan‏ @schimschone Mar 28
          Replying to @baseballcrank @CBHessick and

          "mens rea?"pic.twitter.com/tDx88NPhEk

          0 replies 0 retweets 0 likes
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