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After public outrage demanded the criminal prosecution of an imagination that was wholly bizarre but hardly unlawful, he was convicted in 2013 of conspiracy to kidnap and for illegally accessing NYPD databases to engage in graphic online communications about kidnapping, killing, and eating women, crimes that he had never acted upon.All it takes for one person to break from the pack for group sentiment to shift.Is it too much of a stretch to think that the same can happen in legal proceedings? “In a liberal political order, the state is not in the business of requiring people to have certain conditions of character – the state can’t require you to have certain interests or commitments,” Jacobs explains.Is the digital age ushering in a true age of thought policing?
“There is definitely a tradition of going after crimes before they are committed, so it’s not a difficult analogy to draw that if we have conspiracy and attempted crimes, that thought crimes are punishable too,” Youngjae Lee, Professor of Law at Fordham University, told me recently.In criminal law the idea that you have to do something before you have committed a crime is called The Act Requirement.