Making Sense of Mens Rea: Antony Duff's Account
نویسندگان
چکیده
منابع مشابه
The Language of Mens Rea
. J.D. Candidate, Vanderbilt Law School; Ph. D. Candidate in Neuroscience, Vanderbilt University. . McKnight Land-Grant Professor & Associate Professor of Law, University of Minnesota; Executive Director of Education and Outreach, MacArthur Foundation Research Network on Law and Neuroscience. . Coauthors listed beyond the second author are listed alphabetically by last name. . Harrison Foundati...
متن کاملCulture, Cloaked in Mens Rea
Proof beyond reasonable doubt of the mens rea or state of mind associated with a particular crime is a requirement for the successful prosecution of all criminal defendants under our system of justice. In the legal jargon, it is part of the prosecution’s prima facie case. Concomitantly, criminal defendants may successfully challenge the case against them on the ground (among others) that the pr...
متن کاملCommentary: Alcoholic blackout--does it remove mens rea?
Disorders of impulse control are commonly induced by alcohol. As Lady Macbeth said, “That which hath made them drunk hath made me bold; What hath quenched them hath given me fire” (Ref. 1, p 1231). The report by van Oorsouw et al. from The Netherlands re-emphasizes the prevalence of alcohol-induced blackouts in a community sample and suggests that the claim of amnesia during a criminal event ma...
متن کاملUnderstanding ulterior mens rea: future conduct intention is conditional intention
Where criminal offences such as attempt and conspiracy require a defendant (D) to intend future conduct, D’s intention will always be conditional. D’s intention may be explicit ly conditional (eg, D intends to rob the shop, but only if unable to pay her rent), or implic it ly conditional (eg, D intends to rob the shop, but if asked, would not do so if she found it surrounded by police). Rather ...
متن کاملDefendant’s Mens rea or Attractiveness: Which Influences Mock Juror Decisions?
In order to improve our knowledge of how jurors come to make decisions, psychologists and criminologists have developed the ‘mock juror’ paradigm. Here the details of a mock (or real) criminal event are presented to a group of individuals acting as though they are jurors deliberating a trial. A number of mock jury studies have considered both evidential information, such as how the alleged perp...
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ژورنال
عنوان ژورنال: Oxford Journal of Legal Studies
سال: 1991
ISSN: 0143-6503,1464-3820
DOI: 10.1093/ojls/11.4.559