Philosophy 2070E Lecture Notes - Lecture 3: Mens Rea, Criminal Negligence, Homicide
30 Jan 2016
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In criminal law, establishing norms of acceptable behaviour. Accused charged with attempting to have sex with dead body. I thought she was dead : mens rea defense. Judge: if you didn"t know she was dead, then you are saying you raped her. Fact that mens rea to commit rape is sufficient for committing indignity to human. A though wrong, didn"t appeal because penalty of rape is higher. Would same mens rea apply to people who went along with principle. The right to life, liberty, and security: only the guilty are punished. Luck: no mens rea, murder is a homicide. When action doesn"t succeed focus is on mens rea. Ought to have known for murder charge and conviction. Should have been manslaughter, because had no intention to murder. If jury could have been convinced that he didn"t know, have to be acquitted.
