CRM 200 Lecture Notes - Lecture 5: Actus Reus, Criminal Negligence, Risk Society
8 Oct 2016
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Objective mens rea does not req. any knowledge to secure conviction: i. e. inadvertent risk (accidental risk) Blameworthiness lies in the absence of care or though. Sets out standard of care that anyone who chooses to engage in action must comply w: 1) subjective fault presence of knowledge that something is dangerous and acting anyway. Knowledge of danger first, act anyways: 2) objective fault acting in the absence of knowledge necessary for safety. Reasonable person is judged on: 1) foresight, 2) prudence. Relevant considerations: a) experience, b) understanding of cause and effect, c) balance of judgment, d) thoughtfulness. Negligence is a minimum standard: every person capable of meeting it is held to it, regardless of the personal reasons that may have affected negligence. Children are excluded -> incapable of appreciating or avoiding risk. Risk society: strangers live in close proximity and posses tech meaning of causing harm to each other.
