Re: Bad idea: Punishing false accusers

"John James" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
>
> "Neil" <[EMAIL PROTECTED]> wrote in message
> news:[EMAIL PROTECTED]
> > Rich <[EMAIL PROTECTED]> wrote in message:
> > news:[EMAIL PROTECTED]:
> [...]
> > > Either what you did was right or it was wrong. That you did it should
> > > be the only thing at issue. If anything, malice should be a factor
> > > only in sentencing. It plays no part in whether a crime was committed
> > > or not.
> >
> > Actually, it does (or rather, it should) - in a legal sense, for one
> > crime at least.  Malice aforethought determines whether a murder was
> > committed in English Law.  But actually, this 'malice' thing is a
> > diversion.  See below.
>
> Not so. 'Malice' in the legal sense *means* 'wrongful intention'. It is
not
> a diversion, but synonymous with the concept of intent.
>
> >
> > > False rape accusations (and reports) are wrong because they
> > > are wrong, not because they were made with malice. Absent malice they
> > > are not right.
> >
> > It might be more helpful to recognise that the malice does not always
> > come from the alleged victim, as accuser.  The malice may be entirely on
> > the part of the police or prosecutor - and aiui, you would agree that
the
> > alleged victim does not always have a great deal of control over
> > proceedings - he/she may be manipulated by these other agents.
> >
> > > Malice is not a factor in whether a rape was committed.
> >
> > Intent is (or should be), though.  We should be talking about intent,
not
> > malice, which becomes a misleading term in this context.  i think that
> > this *is* what Alan means.
>
> As I said above, there is no meaningful distinction between 'malice' and
> 'wrongful intent'.
>
> [...]
>
> John James (JJ)

This is the true definition of the word malice according to the law.com
dictionary
malice
n. a conscious, intentional wrongdoing either of a civil wrong like libel
(false written statement about another) or a criminal act like assault or
murder, with the intention of doing harm to the victim. This intention
includes ill-will, hatred or total disregard for the other's well-being.
Often the mean nature of the act itself implies malice, without the party
saying "I did it because I was mad at him, and I hated him," which would be
express malice. Malice is an element in first degree murder. In a lawsuit
for defamation (libel and slander) the existence of malice may increase the
judgment to include general damages.
http://dictionary.law.com/