LAW 604 Lecture Notes - Lecture 12: Intellectual Disability, Mens Rea, Negligent Homicide
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But mpc is more complex that merely subjective, 3. 09(2), defense against murder alone. D can be convicted for any gradation of murder which has recklessness or negligence mens rea (i. e. manslaughter), depends on if jury finds he was negligent or reckless. Ny rule: all or nothing, murder if either element is lacking (sincere belief, reasonability of belief). Mpc: gradations based on unreasonableness of belief: individualization question for reasonableness judgement, full invariant (objective): one standard for all, regardless of capacity, fully individualized standard: d did as much as he could do? (german system, not in. Us: partly individualized standard: relative standard to some (but not all) incapacities of individual defendants. (cl- mental retardation or childhood are about it). Whatever passes that muster is a good candidate. Limitations on self-d: forfeiture by being initial aggressor. Cl: no self-defense if you start the altercation, only available to people who are not at fault.
