CRM 200 Lecture Notes - Lecture 4: Willful Blindness, Actus Reus, Mens Rea
8 Oct 2016
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Test question: has actual words that say reckless, knowingly kind of language (circle) mens rea, look whats left over is the actus rea, causation is relevant for midterm, higher stigma, more courts have to prove. Subjective: what an accused mind and always describes some level of actual knowledge about the nature and consequences of actions. As a result something happens in the future. Objective: what an accused ought to have known and always describes what a. 3 factors that scc says relevant to mens rea ***test**: 1) stigma of offence. Mens rea reflects the principle that only the morally blameworthy may be punished. Link to: 1) choice: everyone has the free and fair opportunity to comply w/ the law a choice to do something. Decision to break the law authorizes retribution (i. e. punishment) Useful frame of reference but cannot account for some anomalies including: A) objective fault (liability in absence of choice)
