State v. Jackowski
Supreme Court of Vermont
915 A.2d 767 (2006)
Rose Marie Jackowski (defendant) was arrested for blocking traffic during an anti-war protest, standing in an intersection while holding a poster and praying. She and eleven other protesters were charged with disorderly conduct for allegedly blocking traffic with intent to cause public inconvenience and annoyance. Jackowski testified that her only purpose was protesting the war, not bothering anyone. The trial court instructed the jury that intent could be shown either by proof that Jackowski consciously wanted to disturb people, or by proof that she was merely practically certain her conduct would disturb them. Jackowski appealed her conviction.
Whether a defendant commits a crime purposely when she is only practically certain, rather than consciously desiring, that her conduct will cause the criminal result.