School: So much for actus reus

We learn a lot of things in law school. Most of it is either theoretical or disarmingly practical - everything from Pareto optimization in real property cases to how to disturb your opponent when negotiating a settlement. Sometimes I wish, however, that real life reflected our curriculum a little better.

Take the recent arrest of a student for writing a disturbing story. Marko has a pretty good fisk of what's happened. One of the first things any criminal law student in the U.S. learns is that punishment must be conditioned on a wrongful act, an actus reus. There are some crimes that can be committed even without wrongful intent - so-called "strict liability" crimes - but the requirement of a bad act has always served as a limiting factor on punishment.

There are a lot of good reasons for this, but one is central above all others - in a free society, your thoughts should never be on trial. Sometimes, we may wish to punish those who are attempting to do something, or even people who are just planning evil. But the consequences of a rule where people can't speak their mind are, quite simply, tyranny and totalitarianism.

Now, I realize this guy was a student. And if the school or the teacher talked to his parents or decided to take some action academically (a suspension or the like, or perhaps counseling), I don't think it would've registered as a blip on the radar of the public consciousness. But for actual honest-to-God police officers to arrest someone...