Why Are Criminal Thoughts Not Penalized?
The Significant Point Is That the Criminal Law Punishes Voluntary Acts and Does Not Penalize Thoughts. Why? Punishing People for Their Thoughts Would Involve...
The significant point is that the criminal law punishes voluntary acts and does not penalize thoughts. Why? Punishing people for their thoughts would involve an unacceptable degree of governmental intrusion into individual privacy.
Why are involuntary acts not criminally punished?
They are not criminally punished because you cannot be punished for "who you are"; you may be held liable only for "what you do".
Can thoughts be criminalized?
In criminal law the idea that you have to do something before you have committed a crime is called The Act Requirement. Without the act it's just a thought, and, to echo the Court of Appeals, even really bad thoughts aren't themselves criminal offenses.
Sarah Jenkins is a veteran tech journalist with over 12 years of experience covering artificial intelligence, mobile innovations, and digital ethics. Her insights have appeared in leading technology publications worldwide.
