fandomhigh | Concepts of Justice and The Law [Period 4, Class #3, Jan 19]

"This week," Alex said, "we're going to be discussing something known as mens rea. In Latin, the full expression is actus non facit reum nisi mens sit rea -- the act does not make one guilty unless the mind is also guilty. In other words, we're going to talk about a specific kind of intent."

This was more a procedural issue than last week's death penalty discussion, but Alex hoped the students would listen further than 'oh, no, Latin' and realize the issue was actually fairly intriguing. At least, if you were a law geek, anyway.

"What does it mean to have a guilty mind?" Alex lifted her shoulders. "In most cases, it means the ability to form the intent to commit those actions. If a toddler is playing with a loaded gun, and shoots a sibling, the situation is a grim tragedy. If a sixteen-year-old does the same thing, it would still be a tragedy, but many would consider the teenager old enough to be held accountable. The teenager should know that guns are dangerous, while the toddler would not comprehend that.

"Age isn't the only qualifier. A man in the grip of paranoid schizophrenic delusions shoots his neighbor because he thinks his neighbor is an alien sent to kill him. Should he be held accountable? Plenty would say no. What if the man had previously undergone treatment for schizophrenia, but elected to stop taking his medication? It could be assumed then that his lucid self knew the risks and chose to accept them. The matter becomes murkier if the schizophrenic was never previously violent, and had no reason to think he would be this time.

"Mental capability can also refer to someone with certain disabilities. A severely retarded woman playing with a loaded gun may not be any more capable of understanding the possible consequences than the toddler above. So what about someone mildly retarded? What about a person who is less intelligent than the average? If a man receives a head injury and loses the ability to control his impulses, then robs a liquor store at gunpoint, what sort of punishment should he receive?

"If a woman drives herself home from a bar, drunk, and runs over a pedestrian, few would argue that she should be found guilty of a crime. What if her drink was 'spiked,' and she did not know that she was intoxicated? What if she was drinking at home, but suddenly needed to drive a friend to the hospital? Her intentions matter.

"Mens rea, in its essence, is asking us who was able to form the intent to cause harm -- or chose to act in a way that showed a clear indifference to the result of those actions. So let's talk about intent."

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Even as she began talking, Karla knew that it would probably be better for her to just keep her damn mouth shut. This was probably going to turn into one of those 'Karla's world is crazy' things that had been happening so often.

But when had she ever let her better judgment keep her quiet?

"There are several different scenarios back home when one's mentality prevents them from being held accountable for their actions," Karla said slowly. And kind of quietly. "The first and most obvious is when the person is mad, as you've said. Then there's rut. The other major scenario is when someone rises to the killing edge. The most important function of Protocol exists to prevent pushing someone to that point and to teach others how to behave when near someone has gotten there, in order to minimize injury and damage."

And was the main reason murder wasn't illegal.

Edited 2010-01-19 21:34 (UTC)

"Is the killing edge unstoppable once it's been reached?" Alex asked. "The person has no control and must kill? Can they affect the target?"

"Up until they step onto the metaphorical killing field, it is...ameliorable," Karla said. "A Queen, for example, would be able to exert enough control over one of her males that they'd back down. Not control like a dog, but--with their emotional bond--"

Karla ground to a stop, frustrated--the words she was using had differently nuanced meanings in Kaeleer, so what the others were hearing wasn't what she meant.

Never mind. She'd just answer the damned question. "Once they have fully risen to the killing edge, they can't be stopped, no. They can be physically restrained, but that would only make it worse. It is a full, all-consuming fury that obliterates rational thought. Some things may be able to break through that rage and prematurely end it, but such things are chancy at best. It is a part of Blood physiognomy, but some castes are more...receptive to it than others."

"Why would restraints make it worse?" Alex asked. "That would seemingly confine the damage to a minimum."

"Because he won't be able to understand that the restraints are there to prevent him from doing more harm. He would believe he was being restrained by an enemy and, in a best case, do himself serious injury attempting to escape," Karla said immediately. "Worse case--well, how would you react if you were being held against your will?"

At that, Alex laughed. "I'd try to sue everyone and get their licenses revoked," she said. "I take your point, though."

Angry lawyers! Here to sue!

"What puts someone at the killing edge?" Jack asked carefully. He was making a promise that no matter what she said, he would not let himself be irritated or shocked by it. Not enough to show.

That wasn't a wince. Karla was practicing her facial exercises. Totally.

Especially since the answer to Jack's question was 'lots of things.'

"Most usually? A direct threat to someone close to the person in question, or under their protection. Certain castes are more prone to it than others, but anyone can reach the killing edge if they are pushed hard enough. My cousin is as easy-going as a male can be and even he once--"

Whoa. Hi there, desk. You sure look interesting.

"That's why we have Protocol. So no one will trigger those instincts unwittingly."

Jack nodded slowly. He'd thrown himself bodily between Sebastien and a threat more than once; he understood the concept. If he didn't quite like the suggestion it was an unstoppable frenzy rather than a choice arising from love ... it was still Karla. He was getting the sense choices didn't exist in her world, and Emma's comment about her as an alien popped into his head.

"I see. Thank you."

A smile. Look, no bloodshed!

Choice? Karla would laugh--a little bitterly--at the idea. The darker your Jewel and the more exalted your case, the fewer choices you had.

She'd never actually thought of it that way before coming to Fandom, either.

"I know that it sounds weird," she said a little apologetically. "But Professor Cabot asked about other circumstances..."

Jack shook his head. "It doesn't sound that weird," he said, a faint air of apology about him. "It's not exactly unusual in any world to want to kill someone for threatening someone you care for."

The terminology was strange, but it was just terminology.

"You understand?"

There might have been a little more bewilderment and hope in her voice than Karla was really comfortable showing.

This deserved a more personal answer, and Jack turned in his seat and lowered his voice to give it. "My guardian got in some trouble on our way to New Amsterdam and I talked down a room of men ready to harm him," he said, briefly. "I would have shot in a blink if talking hadn't been enough. Not your 'killing edge,' but yes, I understand."

"I--oh," Karla said, blinking. "But you managed to? With words, I mean?"

She wanted to ask what had happened, but wasn't sure if she should. Or could, even. Instead, she just tried to look as interested as possible.

Jack gave a tiny, bitter smile. "Yes, with words. They thought they were protecting me. Once I made it clear that wasn't necessary, they found other ways to occupy themselves."

Sebastien had stood exposed as a wampyr and badly wounded. Jack had considered no other option.

"On the one hand, it's kind of them to have been concerned for you," Karla said slowly. "On the other, intent really doesn't matter in the heat of things like that. All you know is that they're trying to harm someone you care for. And nothing makes that okay."

"Exactly," Jack said, and glanced to Professor Cabot. "I'll tell you more sometime when we aren't threatening to derail a class."

Karla nodded and gave Jack a tentative smile. "I'd like that. Some other time then."

Concepts of Justice and The Law [Period 4, Class #3, Jan 19]

Re: Discussion: Mens Rea - JST03

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