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."

Flat | Top-Level Comments Only

"Yes, but it's a country in which men rule and women obey, which is why I bring it up," Aravis replied simply. "If his sister dishonored the family and the brother took it upon himself to punish her, it is obviously a cultural difference. I obviously no longer live in Calormen, partially because I disagree with this system and what it entails, but common practice there dictates that if a woman disobeys or dishonors her husband or father or brother, her death is not out of the question."

"The question isn't, however," she continued evenly, "whose culture and laws are right. The question is whether he should be tried to the fullest extent due to his intent. And I agree that if he has a full comprehension of American laws, he understood what he was doing and the consequences. However, if his family are all from a culture that dictates these practices, his father and mother may enforce this action, and if they are not citizens but visitors -- as I am -- then they should be allowed to go home to conduct their trial in full context."

As the explanation got more complex, Dinah calmed down more, having to think more carefully. She chewed on her lower lip, listening to Aravis, thinking about the 'fullest extent' part of the question. "What if," she said, more cautiously now, on uncertain ground. "His sister had defected, or was an American citizen, but he wasn't? I mean. If everyone in the situation is visiting, that's one thing... or if everyone's a citizen. I guess the legal lines are clearer then." Aravis had left Calormen, and didn't agree with the practices, so Dinah thought she might have considered this at some point. "But if it's a mix-- I mean. I'd think the U.S. would insist on their laws being followed. But." She sighed. "If we're going to respect other cultures, then the brother's point of view has to be considered... I guess?" Ow. Her head.

And now this was getting into sensitive territory for Aravis. "I honestly don't have the comprehension of the United States' legal system to make that judgment," she said carefully. "I do know that the killing of a citizen is illegal -- as far as I know -- but that if he is not part of this country, he should be tried in his own land, where the laws may not support him, but at least provide context to his actions."

"Context," Dinah repeated, relieved to have something new that made sense to grab onto. "Okay. Yeah. That's a good point." She sighed, thinking, her stomach still in knots. "You've... explained it better. It still makes me really upset, but, yeah. The U.S., we wouldn't even get that idea most of the time-- so if that's considered a, a normal concept in his home culture, even if they think he took it too far, or in the wrong way... I guess that 'jury of his peers' would include people who wouldn't think he was automatically guilty of murder." She gave Aravis a sober look, turning faintly red. "Thank you for explaining."

"Not a problem," she said mildly, giving her a small smile. "I don't agree with it, by any means. And I am still, even after a few years, learning this culture, so I hope that no one in here will mind explaining American judicial ideas to me when I am confused."

"Sure," Dinah said, smiling back, glad to have that clearer. "When we're not totally confused by it ourselves."

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

Re: Case Study: Honor - JST03

Re: Case Study: Honor - JST03

Re: Case Study: Honor - JST03

Re: Case Study: Honor - JST03

Re: Case Study: Honor - JST03

Re: Case Study: Honor - JST03