The Innocent Mistake of Tom: A Remedy - Essay Example

The Innocent Mistake of Tom: A Remedy Introduction The humans have the profound and notable ability to commit mistakes. The mistakes are taken as the opportunities to learn. The human basic and fundamental psyche is designed to enjoy the victory whereas; it is programmed to contemplate about mistakes. The mistakes are analyzed and results are deduced so that errors in the future can be ignored. Humans have a habit making new ones and the process of correction and adjustment tends to continue for the lifetime. The mistakes that are committed without the intention to harm others is taken and treated as the innocent ones and therefore, law often does not take any kind of action in reaction to the incident in which one makes an innocent mistake (Perkins 1939). The concept of innocent mistake is often applied in the cases of misrepresentation as the defendant plea that he or she has committed an innocent mistake. The legal systems are modified in order to manage and handle these kinds of issues because of basic human weakness to do wrong things without an evil intention. The fundamental religious laws of Christianity tend to view the very intention of the criminal before sending him or her to jail (Cloke 2002). The modern rules of prosecution are fabricated to encourage police to establish a motive that might trigger a wrongful behavior in a person. The evil intention is bad otherwise humans are committing mistakes from the first dawn of humanity. The father of all humanity Adam was sent to Earth against his crime of eating the forbidden fruit (Mann & Ward 2001). The whole idea of the paper revolves around the point that an innocent mistake cannot and should not be punished because it is done without an evil intention. The evil intention is the essence of criminal behavior and therefore, it can be established at this point that law does not punish the crime but it gives pain to the individual for having a wrong thought. All of the divine religions consider thought as the seed of action and it is highly unlikely to find a human being who did not commit an innocent mistake in his or her life. The great scientist named Edison committed thousands of mistakes before find a right element to light a bulb. The world is surely remembering him for the right thing and all of the mistakes are justified in the name of scientific development. The technological and scientific developments are known to be inspired with mistakes and incidents. The absence of guilt and evil intention means that the person is innocent and no police action can be taken before the unraveling of a probable cause. The person who has been entrusted with other’s property which will not vanish after one use, reserves the right to utilize the land for justifiable personal agendas. The entrusting party is leaving his or her property in one’s hands because he or she is fully aware that the entrusted individual will take care of the possession to his or her best abilities. Nevertheless, it is important and valuable to note that humans can commit mistakes at any time and because of this reason, an incident can look like a deliberate crime. Additionally, young people are more prone towards making the mistakes due to their overwhelming level of excitement. The blood pumping through the veins and the sense of being powerful can no doubt compromise one’s ability to be reasonable. The modern psychology is of the view that youngsters must exhibit a certain degree of carelessness as it will help them in gaining necessary experience (Mattews 1990). The necessary experience and exposure is going to aid them in the process of making right decisions in the future. The future belongs to those who dare and fear will cause the liveliness of the person to decrease significantly. Nobody on the other hand, wants youngsters to act sober because they are full of energy and they can afford to waste some of it on partying. There is nothing illegal about having a good time. The modern legal mechanism is changed in order to forgive innocent mistakes (Tomlin 2013) because of the fact that if they start punishing people for making tiniest of the errors then, the public will lose trust in the law while, their lives become lifeless to say the least. The basic and fundamental purpose of the legal system is to enrich the lives of the local and indigenous citizens and if the judges are going to start punishing innocent mistakes then, all for which the law stands for will no doubt be compromised (Kavanagh 2006). The compromising of the elementary purpose will most likely throw the whole society in chaos. The criminals will have no hope of experiencing the gift of grace that is known to follow forgiveness. The society will be run like a military unit where people will manage the routine and will soon become unappreciative towards the true and pure meaning of life (Ashworth 2011). The life is not only the name of breathing, eating and reproducing because its degree is determined by the level of pleasure and enjoyment one is able to extract from his or her existence. The happiness of seeing an old friend on a birthday party can enhance one’s bliss in life. The people who made the complaint about the noise of somebody’s party should have practiced patience and restraint in order to let the kid celebrate his being adult for the first time. The noise, sex and even drinks are part of one’s birthday party who just turned 21. The police and the troubled neighbor did not bother to know about the purpose of the party and everyone perhaps wanted the noise to stop. The policemen and the neighborhood were so pissed off with their lives that they did not allow Tom to have excitement and enjoyment that they cannot have. In the view of this paper, the kid is already punished for his innocent crime as he was arrested in front of his friends without a probable cause. The police made an error in judgment (Arden 1998). Firstly, Tom made an innocent mistake by inviting his whole address book for the party that he was arranging for his buddies on the profound occasion of his 21st birthday. Secondly, his manager left the property in the believed capable hands and this trust gave Tom the luxury to use the place for his own personal agendas (Bevan 2013) at a less notable level than a full fledge party of more than 600 people. The incident was set in motion like a causality loop because one thing led to another and therefore, finally Tom ended up being arrested. The basic cause of the whole drama stemmed from the commitment of an innocent mistake and if the law is going to punish any action of Tom then, it may be panelizing him for an innocent mistake and that is morally and legally wrong (Braithwaite 1999). The alleged individual was also not aware of the mistake until and unless his guests showed up at the door. Tom was not able to fulfill the need to take permission from the magistrate as it was late in the evening. Tom also considered it ethically wrong to tell the uninvited guests to leave because under protestant ethics a guest is a blessing of the God. Tom had one option of continuing with the party because he cannot do any other thing in order to avoid embarrassment. The property remained undamaged and Tom was fully authorized to hold the party as his manager entrusted the possession to him. The young man may have become too excited about his birthday that he had forgotten to recheck his mail’s recipient list and it is very possible. The humans of all ages make mistakes and the young ones do more frequently than the elders. The arrest that is made in the featured case in unethical and unlawful because the police did have the probable cause and the allegations of public disturbance and nuisance cannot be submitted to court due to unusual circumstances. The circumstances were unusual because the kid was not in position to remedy his mistake and the law is taking his inability as unwillingness to abide by the law. The legal systems must demonstrate flexibility in order to incorporate the humanistic concerns. The situation of Tom qualifies for special treatment because under all the layers of wrongdoing lies an innocent mistake and as it is Tom’s first one so forgiveness should be granted. The charge of breaking the contract that was formed in the shape of a tort when the manager left the property in the supervision of Tom is also illogical because of the fact that the supervisor did not break it intentionally. Every consequence that Tom suffered was due to unintentional error of sending the mail to his entire address book. The allegation of making noise can be mitigated by pursuing the neighbor by telling him the true story. The notion of innocent mistake is specifically incorporated in the law so that element of human error can be given proper weight and now is the time to do so because all of the crimes of Tom are children of his innocent mistake and all of them by definition become innocent mistakes as well (Tuckness 2010). On a psychological level, the punishment of an innocent mistake will implant the fear in the personality of Tom that will hinder him from enjoying personal and professional life as his ability to take risk becomes compromised in the future. The professional development has been attached to the people who have learned the art and science of taking risks. The abovementioned individual is at the early stage of professional development and therefore, his positive self image is the only viable weapon in his arsenal and if he will be punished then, he will lose the self confidence and this may mark the beginning of his journey as a criminal. The educated societies are always committed to the concept of sacrificing the short term benefit in order to gain and secure a long term one. The price of punishing Tom is too high as it will make him criminal in the matter of few years. Additionally, he will lose the trust in the society and may seek retribution in the coming years. The punishment is developed to transform a criminal into a productive member of the society but it is going to influence negatively on the personality of Tom. Conclusion This paper has analyzed and reviewed the case of Tom who is suspected to have broken the law by hosting a party that was incidentally arranged. The arrangement of the party was accidental because its host did not even know about it until more than 600 people showed up at the place which was left by the host’s manager under his supervision. The innocent mistake was committed and no harm was done. In addition, the arrest was illegal and unethical and ultimately, a peaceful resolution is suggested. Works Cited Read More