Special Considerations in Proving a Threat

... Most courts have held that the government need not prove that the defendant actually intended to carry out the threat. See, e.g., Dysart, supra, 705 F.2d at 1257; United States v. Kelner, 534 F.2d 1020, 1023 (2d Cir. 1977), cert. denied, 429 U.S. 1022 (1978)(collecting cases). Contra, United States v. Patillo, 438 F.2d 13, 16 (4th Cir. 1971) (en banc).

The issue of defendant's intent in uttering particular words (e.g., whether an alleged threat was made seriously or merely in jest), is a question of fact to be determined by the jury upon consideration of the words themselves and the circumstances surrounding their use. See Martin v. United States, 691 F.2d 1235, 1239-40 (8th Cir. 1982), cert. denied, 459 U.S. 1211 (1983); United States v. Carrier, 672 F.2d 300, 304-06 (2d Cir.), cert. denied, 457 U.S. 1139 (1982). The circuits are split on the question of whether specific or general intent is required. See United States v. Darby, 37 F.3d 1059 (4th Cir. 1994), cert. denied, ___U.S.___, 115 S. Ct. 1826 (1995).

... A threat may be communicated to persons other than the person to whom the threat is directed. See, e.g., United States v. Cooper, 523 F.2d 8 (6th Cir. 1975) (threats to injure fictitious persons made during calls to radio station). See also Kelner, supra, (defendant threatened during television interview to assassinate foreign leader).

"With telephone poles whizzing by, the Beatles blaring on the stereo, and my kids strapped in the back seat, I learned to be a father on the road."

This is parenting? Sounds more like another narcissitic boob trying to commit suicide with his kids in the back seat.

Forgive me Lisa, for not understanding the purpose of this forum. I'd like to learn more about contemporary Vietnamese writers and literature also.

I didn't understand that there was a demarcation line between what is to be discussed here and by whom, and what kind of credentials one needs in order to do it.

Since you've criticised Bissell twice now about his street cred, what's yours? You have hinted that you have spent some time there yourself and consider yourself pretty knowledgeable. While researching his book, Bissell didn't stay in Vietnam long enough to suit you, so then how long is long enough, and let's hear about your time there. I look forward to reading Bissell's book. I look forward to reading your book too. Where can I get a copy?

"Maybe Americans aren’t ready to think about the country, because we have never talked about the war."

As I said in my opening paragraph, I'm sick of talking about the Vietnam War. I said that it has been talked and written about and navel-gazed to death. What hasn't been talked about? The section on Vietnam at the Tattered Cover in Denver occupies about 100 square feet.

So what about Vietnam today?

Just so I'm not accused of taking this forum off-topic, I'm putting out a request for Vietnamese authored books on the current social, economic and political situation. I mostly like non-fiction, so forgive me if I'd be skeptical about writers working under the supervision of Communist party bosses. I don't even mind if I read one of their books that talks about how "we" destroyed their country. But if you bring up defoliation and Agent Orange, then we're talking about the war again and we can't do that. Unless of course, it's to blame the United States for all the woes, past and present. Those indictment-type books get a free pass.

I can sympathize with the Vietnamese about the Agent Orange. Bob McNamara and Lyndon Johnson sprayed it all over me too. Statistically, the Veteran's Administration says I'll probably develop prostate and testicular cancer and die from my repeated drenching in the stuff, just like the Vietnamese are dying from it today.

I feel so inadequate when trying to discuss the Vietnam of today because I readily admit, I haven't been there since 1971. So please forgive me if my little offering of a book to read is not kosher enough, but here goes anyway: It's called Vietnamerica, by Thomas Bass.

It's about the Amerasian children, born of the couplings of American military personnel and Vietnamese women. I don't want to burst anyone's bubble about the pure and noble Vietnamese people, but there is rumored to be evidence that they are themselves just as racist and intolerant as any other culture.

Bass interviewed Amerasian refugee children who are now adults, who were rescued, or escaped, from Vietnam after 1975. Like with Agent Orange, I have some familiarity with how the warm, enlightened and generous Vietnamese viewed African-American soldiers, and how they viewed the six-foot tall, dark-skinned and nappy-haired offspring that popped up among them.

Thomas Bass is of course not a Vietnamese author, but he did in fact interview Vietnamese who told their stories in their own words. Granted, they were not "pure" Vietnamese as some would like to hear from. But they are not American either. So that's the dilemma.

Anyway, Bass's book is an informative read. If you don't like the parts about the Vietnam War, just skim past them so you won't be offended.