The Elements of a Crime:
#1 Mental State (aka: A Guilty Mind)
According to Wikipedia (though not my preferred resource, it’s the most relatable), mental state (mens rea) refers to the mental elements of the defendant’s criminal intent. This is an absolutely necessary element in crime. The criminal act must be purposeful. In other words, there must be a mental intention to commit the crime—a guilty mind. It’s derived from the Latin actus reus non facit reum nisi mens sit rea. Translated, this means “the act is not guilty unless the mind is guilty.”
So the guilty mind is probably the most common factor in determining liability. Did the accused intend to commit a crime?
In this case, the answer is yes and no.
Was there intent to hurt and do damage? Yes.
Was the intent for someone to die? My initial answer is no, but to be honest, I’m not sure. I guess I didn’t think through that part. Or care.
So, Element #1, a guilty mind? Yes, I have one. Every time I see him, it wears on me. It takes me back to that night. I guess that’s why I spend so much time on Hush.
With a click of the mouse, the chiming of the website rings through my speakers and the screen on my laptop comes to life. Welcome to Hush, an online community to anonymously share your secrets.
I’ve been visiting the site for over a month—it’s a place where freaks like me, who have nobody to talk to, can purge their sins. Everyone knows about it. Well, everyone aged fifteen to twenty. Nobody talks about it, though after some of the really bad admissions, it seems people are a little more cautious. The teachers and parents haven’t caught on yet, or I’m sure they would shut it down. That’s why it’s vital that all communication be done on public computers. Trust me, you don’t want to be linked to any of it.
My screen name: Responsible.
Telling, isn’t it?
Today is a messy one on Hush. Some dark shit is being confessed out in cyberland. I scroll down the page and read the posts.
Guilty in Grand Rapids: I wish it was my dad who died of cancer instead of my mom.
Niceguy: Sometimes I think about hitting my girlfriend.
Unexpected Villain: I did a bad, bad thing.
I can’t believe I now fit in with these assholes. Not that I can judge anymore. My sins are just as bad. Worse, actually.
Opening up an online note, I customize the font and color—because appearance is pretty important when you’re out confessing to strangers—and then I begin to type.
Responsible: I let it happen …