Philosophy 2080 Lecture Notes - Lecture 18: Murder, Criminal Negligence, Strict Constructionism
17 Feb 2016
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Appeal: manslaughter, thought subject of mens rea was required because it was an omission rather than a commission, law is reluctant to get positive obligations on people, new trial should be ordered. What the person believed in their mind has to be based on reasonable grounds. If they have those beliefs, could subjectively show that, then they would be acquitted but that"s wrong: criminal negligence is not an objective standard, macintyre dissenting. Says criminal negligence is objective, wording of code makes no difference between omission and commission. Mens rea are irrelevant when talking about criminal negligence, it"s only their conduct that matters. Criminal negligence no positive intent to produce a certain action, test is reasonableness, not what the accused people actually thought but what they should have thought. Court would consider all relevant facts, whether it"s reasonable to believe in a divine cure or not says court should be deciding if those religious beliefs are reasonable.
