Rules of Conduct and Principles of Adjudication
نویسنده
چکیده
I. Rules of Conduct and Principles of Adjudication: The Distinction and Its Implications .............. 730 II. Rules of Conduct and Principles of Adjudication in Current Doctrine ................................ 733 A. The Distinction Applied to Current Doctrine.. 733 1. Objective elements of an offense .......... 733 2. Secondary prohibitions .................. 734 3. State of mind elements .................. 736 4. Culpability mental states vs. criminali ation m ental states ........................... 739 5. Omission rules and the voluntary act requirem ent .............................. 739 6. Justification defenses .................... 740 7. Result elements and causation requirements 742 8. Imputation of culpability mental elements. 743 9. Excuse defenses ......................... 744 B. Examples of the Problematic Mixture of Rules of Conduct and Principles of Adjudication .... 745 1. Risk-creation vs. risk-taking .............. 745 2. Justification vs. mistake as to justification. 749 C. Some Classification Challenges ............... 752 1. The consent defense ..................... 753 2. De minimis violations ................... 754 D . Sum m ary .................................. 755 III. The Need for Different Drafting Strategies for Rules of Conduct and Principles of Adjudication ........ 758 A. Drafting Strategies ......................... 758 B. Drafting Rules of Conduct ................... 759 C. Drafting Principles of Adjudication ........... 761 IV . Proposals ...................................... 765
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