SOSC 2652 Lecture Notes - Lecture 10: Mens Rea, Reasonable Person, Rationality
28 Apr 2016
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Elements of mercy in a common law, a system needs to apply principles of mercy or else this system lacks legitimacy. The question in criminal law is: what is necessary to find criminal liability . A crime is a bad act as determined by the elements of the behaviour. The general elements the need to be proven are: The mens rea (the guilty mind, or intent) But the specific requirements for criminal liability are specific to each charge, are set out in the criminal. He is a person of normal intelligence who makes prudence a guide to his conduct. He does nothing that a prudent man would not do and does not omit to do anything a prudent man would do. - arland v. taylor. No direct correspondence between the truth about an event and the determination of guilt. By default, our system will permit the guilty to go free in order to preserve liberty and prevent wrongful convictions.
