[ SECRET POST #1870 ]

[case]

⌈ Secret Post #1870 ⌋


Warning: Some secrets are NOT worksafe and may contain SPOILERS.


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Notes:

Secrets Left to Post: 03 pages, 67 secrets from Secret Submission Post #267.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 0 - not!fandom ], [ 0 - too big ], [ 0 - repeats ]
Current Secret Submissions Post: here.
Suggestions, comments and concerns should go here.

Comments

[(Anonymous)]

If intent never mattered, then why is it considered in court?

[(Anonymous)]

DA. It's *considered* in court, but it doesn't excuse your actions that you didn't mean to do it. Yeah, you get a lighter sentence for manslaughter than murder one, but it's still a crime and you're still culpable.

[(Anonymous)]

And in torts, negligence is one of the most common complaints brought to court, and the very definition of it specifies that there was no intent to cause harm.

Intent (or lack thereof) will not erase an act or fix the damage it caused.

[pants4pants.livejournal.com]

but it doesn't excuse your actions that you didn't mean to do it

Uh, yeah, it often does...

Look up "mens rea". The exact level of intent required depends completely on the crime, but most require some sort of guilty mind (concurrent with the alleged criminal act in question) before you can be culpable.

[mika-kun.livejournal.com]

Look up negligence.

Deliberately performing an action where there is a reasonable chance that someone could be harmed can be punishable by law. Strictly speaking it all depends on the exact circumstance of the situation, but my point stands.

[pants4pants.livejournal.com]

I guess it varies from place to place (I study law in New Zealand), but that sounds a lot more like recklessness than negligence to me. Regardless, I specifically said it depends on the crime, and that OFTEN not meaning to do something does excuse your actions, not all the time. Negligence is not very common in criminal law (except for minor crimes) due to the fact that lawmakers are hesitant to find someone criminally liable for something they didn't mean to do. Manslaughter is one of the few exceptions I can think of (and in NZ the standard is much higher, your behaviour must be grossly negligent, not just fall below the standard of care expected of a person when under a specific legal duty).

[mika-kun.livejournal.com]

If you turn around quickly while holding a heavy object and accidentally hit someone with it and they are injured (lets say black eye and need a few stitches - reasonable yes?). You may not be held responsible for assault in a court of law since you did not intend to hit anyone.

This doesn't mean that the person you hit will be any less injured because you didn't mean to hit them.

Just because you didn't mean to hurt or offend someone with your words doesn't mean you won't.

(Additionally, intent *doesn't* always matter in court. If you perform an action such that there is a reasonable chance that someone might become injured as a result then you are culpable. Maybe you get a reduced sentence, but you don't get off clean.)

[(Anonymous)]

Yes, but should a person be bullied and called an asshole and told they deserve to be beaten for accidentally hurting somebody? Should a person be held accountable for doing something that accidentally hurts someone if they didn't mean to? I don't think so.

[mika-kun.livejournal.com]

I've mentioned elsewhere on this page that people shouldn't be vilified for their ignorance. Since I don't think anyone should be bullied or threatened with a beating for a strictly verbal offense those points are irrelevant.

But to continue my analogy, if the person carrying the heavy object knew they were in a place where people might be close by and still turned around quickly, then they were careless and their carelessness caused someone injury. And they should be berated for their carelessness.

To translate that back out. Using a known slur in a "friendly way" would be like being careless while carrying a heavy object. There is a reasonable expectation that you would know that someone *could* have been hurt and thus you should have been more careful. Failure to take that care should be berated.

Using a slur which you didn't actually know was a slur would be closer to having no idea someone was nearby (with no reasonable expectation that you would know).

Generally, in a court of law, if there is a reasonable expectation that your actions *could* result in harm to someone else, then performing those actions anyway is punishable despite the lack of *intent* to cause harm.