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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"Does his entire family feel the way he does? Does he know the consequences of his actions if he lives in a place that forbids this?" wondered Bod, doing a remarkable job of keeping his own feelings buried deep. This question rang familiar for him even though his was more a prophecy than about anyone's honor.

"I could see the motive being a little more believable if the society as a whole believes what he did was right. If he believes it but lives in a society where it's not the norm and he knows that, then I think he should be punished accordingly. If he knows he's committing a crime but does it anyway then I think he's guilty."

"His father and brother thought she had destroyed their honor," Alex said. "She herself didn't. Her mother ... her mother sided more with her than them."

And Alex had gotten her killed. Great job on that one, Alex!

Edited 2010-01-20 01:12 (UTC)

"If this occurred in a place liked the United States or Britain or a country like that, I'd still say he would have known the consequences of his actions and he should be punished according to their laws," said Bod, sounding sure of that. "If that sort of excuse, the one about being able to kill someone because they dishonored you or disrespected you worked once, then everyone would try to use it to kill someone they didn't like."

"It was in the United States," Alex explained. "New York City. The father was a diplomat, and the culture in which both children were raised allowed for honor killings."

"I would say that would only make it harder to think of the honor killing as a valid excuse," said Bod, flipping the facts over in his head. "Hearing the explanation and an elaboration of the culture would be needed but a diplomat is typically an intelligent person so he had to know that this sort of crime with the motive given wouldn't hold up well in the United States. Admittedly, I don't know a lot about diplomats but I don't think they should be exempt because of a government position."

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