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Space Crime #4 Ender’s Game: 5 Reasons why Ender isn’t getting away with Xenocide

That’s right, this little mastermind is going to the slammer. The only real question here isn’t about guilt, but punishment.

So let’s get right to it.

  1. Ender’s entire life had been devoted to killing the buggers.

Ender had the actus reus. Firing the particle demoleculorizer thing was voluntary and intentional – he reasoned through it. He had the correct mens rea, he fired the it with the intention and for the purpose of destroying the bugger’s planet.
“But wait,” you’re probably thinking, “Ender didn’t know it was real life! He can’t be held responsible for annihilating an entire species of intelligent beings when he thought it was just a simulation.”

  1. Thinking real life is a videogame is a mistake of fact – not a valid excuse

When it comes to mistakes, only mistakes of law (and sometimes hybrid mistakes – but those don’t make sense, so we’re not going to talk about them) are valid. The best example of this is SpongeBob. I’m sure you’re familiar with the Free Balloon Day episode where Patrick and SpongeBob think their stealing balloons, but it’s free balloon day; not a crime. But now imagine it’s not free balloon day, and Mr. Star and Mr. Bob enter the balloon compound to steal balloons, but there aren’t any there; in this case they could still be charged with a crime.

Basically what I’m getting at is this, Ender didn’t think what he was doing was real, but it was. Mistake of fact – guilty!
You’re next defense is probably something along the lines of my next rebuttal.

  1. Ender got played by his commanding officer, he’s the one to blame!

But wasn’t Ender supposedly the smartest strategic and tactical thinker in the human race? And he didn’t see that coming? I’m just saying, I don’t think both can be true at the same time.
We need to be holding the most intelligent beings in the race to a slightly higher standard.
Plus, wouldn’t it be a wise policy decision to make xenocide a strict liability crime?

  1. He’s under 18

So, what? He should go to juvy?

I’m just saying, he committed a pretty adult crime. This kid is probably more developed and cognizant than most adults! (As evidenced by his brother and sister taking over Earth’s politics).
And I don’t want to keep ringing the ‘smartest human in existence’ bell, but it feels applicable.

  1. Pre-emptive self-defense

This does sound compelling. I mean, the whole world thought they were coming back. That was the only logical extrapolation. But if that’s true, I think that really only reduces the mens rea to negligence, and there’s no way Xenocide is a specific intent crime.
In this specific instance there was no immediate danger. When the consequences of an action are as irreversible as they are extreme, the utmost care should be taken. The pre-emptive defendant should have to be absolutely sure there is no other option.
Plus, think about the precedent – if we allow this, where do we draw the line? Xenocide in self-defense. It’ll be an anything goes system!

So next time you feel in trouble, and it seems that life as you know it has a reasonable chance of ending, first consider whether you’re the smartest human being alive, and if perhaps you’re wrong.
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