[月與夜隨筆] When judiciary applies to the reality.
//It simply doesn’t work out. There’s no jury, no check and balance and no procedures. Not every lay person carries a fair libra in their daily life.// As a law student, we look at both the defendant’s mens rea and actus reus at the moment of committing the crime. In the English law system , mens rea seems to be way more important than what actually done by the defendant as we often decide whether the defendant is doing the act in bona fide or mala fide. Also, we believe that a defendant is not guilty until proved beyond reasonable doubt. Though we understand that whether the act was done negligently or intentionally, it would still be regarded as committing the crime. It is just that negligently is less culpable as intentionally does. Moreover, the judge would take their time to look at different shreds of evidence and letters of mitigation before making the verdict, hoping to best conclude the case. This is how the judiciary goes, but not in the reality, especially wh...