Centenial Celebration

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Date: November 22, 2024 Fri

Time: 11:33 am

Results for guilt

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Author: Garvey, Stephen P.

Title: Authority, Freedom, and the Guilty Mind

Summary: Imagine an actor who commits a crime in thrall to a powerful desire. Think, for example, about those we call addicts, phobics, maniacs, philiacs, provokees, and so forth. Do any conditions exist under which such actors should be immune to criminal liability when they choose to commit a crime in order to mollify their enthralling desire? Yes. An actor should be immune to criminal liability when, assuming he freely chooses to commit a crime (and thus satisfies the demand that his act be guilty or his actus reus), he nonetheless fails to manifest a guilty mind or mens rea, i.e., his choice to commit the crime reflected no ill will for the state’s authority or its criminal laws. I doubt this condition will obtain very often, but when it does, any actor fulfilling it is beyond the state’s authority to punish.

Details: Ithaca, NY: Cornett Law School, 2016. 60p.

Source: Internet Resource: Accessed February 22, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2729414

Year: 2016

Country: United States

URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2729414

Shelf Number: 137925

Keywords:
Guilt
Guilty Mind
Mens Rea