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ARTICLE · 23 DECEMBER 2021

Is There Value In "Guilt"?

Three lifelong friends, Alex, Bob and Cal, meet for a drink.

United StatesCriminal Law

Three lifelong friends, Alex, Bob and Cal, meet for a drink. Alex and Cal, distress all over their faces, have a burning issue to discuss among the three confidantes. Unbeknownst to Bob until now, Alex cheated — and his wife knows it. Nan, distraught, having almost found him in flagrante, unceremoniously threw him out of the house — Alex on his knees begging for her forgiveness as she pushes him to the door. Who can blame her, though? Nan's a true victim — we needn't consider whether some flaw in their marriage helped lead to Alex's conduct. It's simply not relevant here.

Alex overtly presents himself to his two friends as inconsolably broken, desperate to get back home to his wife and young children. Despite the several glasses of wine with his two friends, though, he expresses no "guilt."  Thus, even though he drank wine that has often, in the past, led to greater truth and candor on his part, Alex facially seems not to suffer from any guilt at

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