LS202 Lecture Notes - Lecture 6: Actus Reus, Verdict, Mens Rea
13 May 2015
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In applying the theory, we learn more about. Don"t just apply the theory and walk away. For punishment to both stand for and serve justice : it requires equivalency: eye for an eye" (retaliation/retribution, it cannot make an example" out of somebody (especially an innocent) in the name of greater good. Punishment can never be administered merely as a means for promoting another good but must in all cases be imposed only because the individual on whom it is inflicted has committed a crime (pg. 144) (do not just punish someone to make a point) Think of it from judge"s perspective: application to cases. Facts d & s (w/ brooks & parker); on lifeboat 20 days; d (w/s"s consent) kills weaker p; b dissented; all ate him,; rescued 4 days after. Eye for an eye , murder in another context since we can"t do this context (eating), maybe force labour. More focus on actus reus than mens rea.
