How Much Should Mind Matter? Mens Rea in Theft and Fraud Sentencing
نویسندگان
چکیده
منابع مشابه
The guilty mind and criminal sentencing: integrating legal and empirical inquiry as illustrated by capital sentencing.
We articulate an interpretation of mens rea that is broader than the traditional special sense but narrower than the traditional general sense. Mens rea in this intermediate sense addresses the guilty mind required by the sentencing criteria for specific criminal sentences for particular offenses. We advance an analytic structure for the integration of legal and empirical inquiry regarding stan...
متن کاملThe Structure, coherence and limits of inchoate liability: the new ulterior element
The wrongs targeted by the criminal law need not reside in a defendant’s conduct and its effects (actus reus) or even in her willingness to allow or risk that conduct and its effects (mens rea as to actus reus). Rather, to a greater or lesser extent, wrongs may also reside in a species of mens rea that does not relate to the actus reus of an offence at all, but is rather ulterior to (goes beyon...
متن کاملDefendant’s Mens rea or Attractiveness: Which Influences Mock Juror Decisions?
In order to improve our knowledge of how jurors come to make decisions, psychologists and criminologists have developed the ‘mock juror’ paradigm. Here the details of a mock (or real) criminal event are presented to a group of individuals acting as though they are jurors deliberating a trial. A number of mock jury studies have considered both evidential information, such as how the alleged perp...
متن کاملDefendant’s Mens rea or Attractiveness: Which Influences Mock Juror Decisions?
In order to improve our knowledge of how jurors come to make decisions, psychologists and criminologists have developed the ‘mock juror’ paradigm. Here the details of a mock (or real) criminal event are presented to a group of individuals acting as though they are jurors deliberating a trial. A number of mock jury studies have considered both evidential information, such as how the alleged perp...
متن کاملDefendant’s Mens rea or Attractiveness: Which Influences Mock Juror Decisions?
In order to improve our knowledge of how jurors come to make decisions, psychologists and criminologists have developed the ‘mock juror’ paradigm. Here the details of a mock (or real) criminal event are presented to a group of individuals acting as though they are jurors deliberating a trial. A number of mock jury studies have considered both evidential information, such as how the alleged perp...
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تاریخ انتشار 2014