MENS REA IN JOINT ENTERPRISE: A ROLE FOR ENDORSEMENT?
نویسندگان
چکیده
منابع مشابه
Culture, 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 کاملThe 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 کاملImpulsive versus premeditated aggression: implications for mens rea decisions.
Science can provide more information about the nature of aggressive acts, and therefore the mens rea of criminal offenses, than is commonly assumed. For example, progress has been made in classifying aggression as impulsive or premeditated within the context of the role of conscious experience in controlling behavior. This review of the status of the scientific ability to distinguish conscious ...
متن کاملCondoning the Crime: The Elusive Mens Rea for Complicity
There is a long history of disagreement about what the mens rea for complicity is. Some courts take it to be the intention for the underlying crime to succeed while others take mere knowledge of the underlying crime to be sufficient. Still others propose that the mens rea for complicity tracks the mens rea of the underlying crime—the so-called “derivative approach.” However, as argued herein, t...
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...
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ژورنال
عنوان ژورنال: The Cambridge Law Journal
سال: 2015
ISSN: 0008-1973,1469-2139
DOI: 10.1017/s0008197315000677