In criminal law, the
defendant must be proved to have committed a guilty act whilst having had a
guilty state of mind. The physical elements are called "Actus Reus" and the accompanied mental state is called "Mens Rea".
When an actus reus is
committed with no intention, the person may not be guilty of a crime. As is
often the case, there are some exceptions. Some criminal offenses do not
require the Crown to prove the "state of mind" of the accused. These
offenses are called strict and absolute liability offenses and are
mainly aimed at deterring risky behavior and stopping harm before it takes
place.
Humans tend to be
criminals by harming each other in different ways. Whether physically or
emotionally, hurt remains the prominent emotion felt by one of the parties,
leaving an injury which may be difficult to fade away, an injury which is most
likely to turn into a scar, and regret in many cases becomes the dominant sense
felt by the other party.
The most difficult
type of a crime committed by humans may be that which causes emotional harm,
particularly when it is committed with no intention, using different tools such
as sharp words, saying things at the wrong time or even worse, by remaining
silent. People do good deeds for many reasons. However, such deeds may have bad
consequences; as the old expression about helping people says "no good
deed goes unpunished". When such crimes are committed and are not
interpreted as strict or absolute liability offenses, the verdict of innocence
becomes the main driver of regret, and it increases the amount of guilt in the
committer's mind because no matter who we are, or how secure we feel, we all
face moments of dread. We ask ourselves questions like "Have I hurt the
person I love?", "Is there a chance people will never see me as
innocent?" or "Have I caused permanent damage?". And sometimes,
the answer is yes but this is life; we all experience moments of dread but
there comes a time in life when we must expose our weaknesses, when our secrets
can no longer remain confidential, when our solitude can no longer be denied,
when our pain can no longer be tuned out, and even when we feel so alone that a
weakness we thought we'd overcome suddenly becomes too long to fight, we need
to stand still and brawl. Only then will we notice that it may be the little
things that make us feel invulnerable, like a friend at bedtime, an evil eye
bracelet, a bible on a table or a message from a lover and only then will we
appreciate these small comforts and become aware that the word
"sorry" is merely a simple word with no positive power, and only then
do we realize that one action can be enough to countermand all impairment
resulting from our ignorant modes.
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