Criminal Responsibility — a Secondary Problem

Criminal Responsibility

are not always evident to the man in the street and are particularly easy to neglect when involved in the highly sensational atmosphere of a murder trial; this is of course particularly so if the details are horrific or sexual or both and if a plea of insanity is raised in defence. It may therefore be helpful to re-state the points at issue. The first point is that lawyers and doctors talk in d...

Criminal Responsibility

the definition of a crime has never yet been clearly made. A crime has been described as a result of human conduct, which it is the policy of the governing power in the state to prevent. Usually it is followed by a punishment , but this was not always so. In early years, suffering was imposed on the wrongdoer, and in Roman times expiation was necessary to placate the offended gods. That which d...

Amnesia and criminal responsibility

INTRODUCTION Under common law, criminal responsibility usually distinguishes between intentional act and accident, andmost serious criminal offenses consist of both a voluntary act and a guilty mind.1 This treatment presumes that no defendant should be held criminally responsible without a finding of fault. Despite this long-standing conceptual commitment to fairness, criminal law continues to ...

Genetics and criminal responsibility.

Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred. Advocates have tried to use genetic evidence to affect judgments of criminal responsibility. At present, however genetic research can provide little ai...

Intoxication and Criminal Responsibility