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That's not evidence of wrong doing itself and won't be used as such. It however can be used as evidence of intent. If you leave the house every day unarmed but the day of an alleged crime you're seen leaving the house armed that fact can be used to show intent to commit a crime with that weapon.

Likewise you leave the house every day with your phone but leave without it the day of the crime, that's going to be used to prove intent.

If you're charged with a crime requiring intent/mens rea/malice of forethought then anything hinting at your state of mind will be entered into evidence. Leaving your phone at home isn't evidence itself of anything and isn't a thing a prosecutor can randomly charge you with.




> If you leave the house every day unarmed but the day of an alleged crime you're seen leaving the house armed that fact can be used to show intent to commit a crime with that weapon.

It doesn't however. Say I am usually do not carry a weapon, but today I wanted to go to the range, and I take one with me. And while cleaning it up, I accidentally shoot somebody. Does my taking a weapon means I intended to shoot them today? Not at all - I could have shot anybody at any day, it's just that the day I went to the range with the weapon was today, if I went yesterday, the same could have happened and would be as unintentional.

Or, for example, on the way to the range, the same day, I meet my sworn enemy, we get into a fight, and I shoot him. Did I intend it? Not at all, I didn't even know I'd meet him today, and if I met him any other day it'd probably wouldn't happen, as I wouldn't have the weapon, but again it doesn't prove intent.

It's a logical fallacy to conclude that if something happened, then all events prior to that without which it couldn't happen were purposely arranged with the goal of that event to happen.


Yeah but that’s kinda the point, motive/intent is a question and in question. Thus, you take it to the courts to decide after you make your arguments.




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