JSB176 Lecture Notes - Lecture 2: Mens Rea, Psychiatric Hospital, Verdict

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9 Aug 2018
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Criminality and criminal responsibility is constructed and is not universal or unchanging. There are multiple other ways to perceive and frame a suspect. Our current, modern criminal justice system is premised on classical understanding (the age of reason). The legal subject assumes that people are autonomous ( rational actors") with free will and are capable of making rational choices. Therefore, they are culpable and can be held to account. It covers the subject t of moral censure and determining/administering sanctions and that it cannot work if we don"t believe that people have the rational mind. In addition to these elements, the law presumes moral capacity, that the individual is able to distinguish legal right from wrong. There is no consensus throughout jurisdictions as to what age children are criminally responsible. Common law presumes that some children are too young to be deemed criminally responsible for their behaviour, yet the law sets an arbitrary age for the purposes of criminal responsibility.

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