Five Functions, and Two Kinds, of Mens Rea

2021 ◽  
pp. 51-72
Author(s):  
A P Simester
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Mens Rea ◽  
Trade Off ◽  
Broad Category ◽  
Mediating Role ◽  
First Category ◽  
Advance Notice ◽  
Moral Wrongness

This chapter sketches how mens rea serves at least five different functions, which can be grouped into two broad categories. Within the first category, it helps to establish that the defendant’s offence was an instance of culpable wrongdoing. It does this in three different ways. First, and most obviously, it contributes to findings of culpability. Secondly, it can help to identify what kind of action a person is performing: in these cases, the finding of mens rea is integral to the moral wrongness of the action for which a person is being held responsible. Thirdly, mens rea affects the availability of justifications. Whether a person’s pro tanto wrong was, all things considered, wrongful—unjustified—and an instance of wrongdoing—depends on the reasons why they did it. The other broad category concerns the principle of legitimate enactment. Mens rea has important roles to play in articulating, and notifying, the limits of citizens’ freedom. More specifically, a fourth function of mens rea is to secure fair warning to defendants, ensuring they have sufficient advance notice that, by their conduct, they risk violating the criminal law. Finally, mens rea plays a key mediating role in criminalization, being part of the trade-off between the protection of potential victims and the preservation of liberties for potential defendants.

Re-formulating the Observable Inadequacy of the Prevalent Approaches Followed by Islamic Jurisprudence and Statute Law in Dealing with Mens Rea

2016 ◽  
Vol 80 (4) ◽  
pp. 254-263
Author(s):  
Fatemeh Ahadi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Sense ◽  
The State ◽  
The Other ◽  
Mens Rea ◽  
Islamic Jurisprudence ◽  
State Of Mind ◽  
Criminal Intent

The present paper constitutes an attempt towards questioning the adequacy of the prevalent approached employed by Islamic jurisprudence and statute law in dealing with mens rea and its manifestations. It also provides a kind of reinterpretation of the concept since it attaches itself to the perspective that the concepts employed in criminal law need evolution in order to preserve their function and practicality; the conditions appertaining thereto necessitating adaptability of the concepts with the contextual conditions as well as the principles of the criminal law. Under criminal law, mens rea is referred to as ‘criminal intent or the state of mind indicating culpability which is required by statute as an element of a crime’ (see, for example, Staples v United States, 511 US 600 (1994)). Under Islamic jurisprudence it is defined as ‘rebellion intent’. These conceptualisations of the mens rea may be subject to evolution as well as the other concepts. The present paper provides a reformulation of these definitions wherein mens rea is considered to be ‘the culpable linkage of mind with the forbidden conduct’. Through this reformulation the author replaces the ‘state’ with ‘linkage’ presupposing that the interpretation of the term ‘culpable’, as an independent constituent, shall vary according to the provisions of common sense and the contextual conditions.

Toward a Normative Theory of Equal Culpability Imputation

2019 ◽  
pp. 139-172
Author(s):  
Alexander Sarch
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Mental States ◽  
Legal Framework ◽  
Normative Theory ◽  
The Other ◽  
Mens Rea ◽  
Willful Ignorance ◽  
Normative Problem

This chapter aims to defend a general theory of equal-culpability-based imputation of mental states in the criminal law. The willful ignorance doctrine is one example of an equal culpability mens rea imputation principle. After all, what grounds imputing knowledge to a willfully ignorant actor is that her conduct is as culpable as the analogous knowing conduct. Chapters 3 and 4 examined the scope of this imputation principle. But deeper worries linger. Even if equal culpability is necessary for this mode of imputing knowledge to the willfully ignorant, does it provide sufficient justification for such imputation? This chapter confronts two of the deeper objections that remain. One is pressing for practitioners within an existing legal framework (courts and litigants). But it admits of straightforward answers. The other is a harder normative problem for those who make law. Why should lawmakers take equal culpability to be a legitimate basis for imputing missing mental states? Answering this challenge requires a general theory of equal culpability imputation, which it is the aim of this chapter to provide. This theory will then serve as the basis for the remaining chapters in the book.

Judicial Cognizance of Guilt-Consciousness

1993 ◽  
Vol 27 (1-2) ◽  
pp. 59-83
Author(s):  
Haim H. Cohn
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Mens Rea ◽  
Psychology And Law ◽  
Other Hand ◽  
Anthropological Research ◽  
Actus Reus ◽  
Mental Element ◽  
The One

The term “guilt” connotes many different phenomena: theology, philosophy, ethics, psychology and law all contributed to the variety of connotations. It is not my purpose, nor do I pretend to engage in etymological or anthropological research into the evolution of the various aspects and concepts of guilt: I shall try to describe and distinguish only those phenomena of guilt of which judges may have to take cognizance for the proper exercise of punitive discretion.First and foremost, there is “guilt” within the meaning of criminal law. On the one hand, guilt is spoken of as denoting the mental element in crime: the guilt of one who committed a criminal act — actus reus — presupposes the criminal mind — mens rea; or, an actus reus is transformed into guilt by the supervenience of mens rea. Whether the mens rea is intent or wilfulness, or only negligence or recklessness, does not affect the incidence of guilt, but may well raise the question of degree of guilt. On the other hand, “guilt” is the result of a verdict to the effect that the accused is criminally responsible (“finding of guilty”), and it is in this sense that the accused may “plead guilty”.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

Penal Law and Penal Police in the Dual Penal State

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
The Other ◽  
Liberal Democratic ◽  
Democratic State ◽  
Alternative Approach ◽  
Penal State ◽  
Penal Law ◽  
Patriarchal Power ◽  
Modes Of Governance

The first part of Dual Penal State investigated various ways in which criminal law doctrine and scholarship (or “science”) have failed to address the challenge of legitimating penal power in a modern liberal democratic state. This, second, part explores an alternative approach to criminal law discourse that puts the legitimacy challenge of modern penal law front and center: critical analysis of criminal law in a dual penal state. Dual penal state analysis differentiates between penal law and penal police, two conceptions of penal power, and state power more generally, rooted in autonomy, equality, and interpersonal respect, on one hand, and in heteronomy, hierarchy, and patriarchal power, on the other. Chapter 4 applies the distinction between law and police as fundamental modes of governance set out in Chapter 3 to the penal realm and explores the tension between penal law and penal police as constituting the dual penal state.

scholarly journals Black Hole Algorithm for Sustainable Design of Counterfort Retaining Walls

2020 ◽  
Vol 12 (7) ◽  
pp. 2767 ◽  
Author(s):  
Víctor Yepes ◽  
José V. Martí ◽  
José García
Keyword(s):  
Black Hole ◽  
Sustainable Design ◽  
Retaining Walls ◽  
The Other ◽  
Trade Off ◽  
Construction Company ◽  
Geometric Variables ◽  
The Stability ◽  
The Cost ◽  
Black Hole Algorithm

The optimization of the cost and CO 2 emissions in earth-retaining walls is of relevance, since these structures are often used in civil engineering. The optimization of costs is essential for the competitiveness of the construction company, and the optimization of emissions is relevant in the environmental impact of construction. To address the optimization, black hole metaheuristics were used, along with a discretization mechanism based on min–max normalization. The stability of the algorithm was evaluated with respect to the solutions obtained; the steel and concrete values obtained in both optimizations were analyzed. Additionally, the geometric variables of the structure were compared. Finally, the results obtained were compared with another algorithm that solved the problem. The results show that there is a trade-off between the use of steel and concrete. The solutions that minimize CO 2 emissions prefer the use of concrete instead of those that optimize the cost. On the other hand, when comparing the geometric variables, it is seen that most remain similar in both optimizations except for the distance between buttresses. When comparing with another algorithm, the results show a good performance in optimization using the black hole algorithm.

Father Presence and Adolescents’ Resilience: The Mediating Role of Failure Learning

2021 ◽  
pp. 003329412110296
Author(s):  
Yue Yu ◽  
Xueyan Wei ◽  
Robert D Hisrich ◽  
Linfang Xue
Keyword(s):  
Middle School ◽  
Middle School Students ◽  
Significant Positive Correlation ◽  
Mediating Effect ◽  
The Other ◽  
Mediating Effects ◽  
School Students ◽  
Mediating Role ◽  
Father Presence

In this study, we aimed to investigate the association between father presence and the resilience of adolescents, and whether failure learning mediates this association. Specifically, we obtained in-depth details on the relation between father presence and adolescents’ resilience by examining the mediating effects of four subfactors of failure learning: failure cognition, reflection and analysis, experience transformation, and prudent attempt. For this purpose, we used the questionnaire to access Chinese middle school students’ father presence, resilience, and failure learning. In total, six hundred and twenty-six valid questionnaires were collected. The results were as follows: (1) there was a significant positive correlation between father presence, failure learning, and resilience; (2) failure learning played a mediating role between father presence and adolescents’ resilience; (3) the mediating effect of experience transformation and prudent attempt (two subfactors of failure learning) between father presence and adolescents’ resilience was significant, while the mediating effect of failure cognition and reflective analysis (the other two subfactors of failure learning) was insignificant.

scholarly journals Perceived discrimination and psychological distress among immigrants to Canada: The mediating role of bicultural identity orientations

2021 ◽  
pp. 136843022199008
Author(s):  
Mustafa Firat ◽  
Kimberly A. Noels
Keyword(s):  
Psychological Distress ◽  
Undergraduate Students ◽  
Structural Equation ◽  
Perceived Discrimination ◽  
The Other ◽  
Equation Modeling ◽  
Bicultural Identity ◽  
Cross Sectional ◽  
Mediating Role ◽  
The Relationship

Bicultural identity orientations have rarely been examined in relation to both perceived discrimination and psychological distress. Furthermore, these constructs have usually been studied in isolation, but their intersection is essential for understanding intercultural relations in multicultural societies. Using cross-sectional data from 1,143 Canadian undergraduate students from immigrant families, this study explored the relationship between perceived discrimination and psychological distress, and how bicultural identity orientations might mediate this relationship. The structural equation modeling results indicated that perceived discrimination was associated with higher levels of psychological distress and hybrid, monocultural, alternating, and conflicted orientations, but lower levels of complementary orientation. Alternating and conflicted orientations were related to higher psychological distress, whereas the other orientations were not. Alternating and conflicted orientations mediated the relationship between perceived discrimination and psychological distress, whereas the other orientations did not. The findings are discussed in light of theories on identity integration, rejection–identification, and acculturation.

Identifying opportunities for value chain development in the Kenyan coffee sector

2018 ◽  
Vol 47 (2) ◽  
pp. 150-159 ◽  
Author(s):  
Emerta Aragie
Keyword(s):  
Value Chain ◽  
Export Performance ◽  
Export Subsidy ◽  
The Other ◽  
Cash Crop ◽  
Trade Off ◽  
Cash Crops ◽  
Standard Value ◽  
Coffee Sector ◽  
Productivity Gains

By developing a model that describes the Kenyan coffee value chain, this study evaluates opportunities emanating from four scenarios representing productivity gains in the various value chain stages of the coffee sector and additional three scenarios reflecting shifts in market situations. Results show that productivity-enhancing policies have stronger effects on coffee output and export performance if they target the milling stage of the value chain. Export subsidy and favourable external marketing conditions also have stronger effects, distributed comparably across the various value chain stages. We, however, found that these gains in the coffee sector come at the expense of other cash crops such as cotton, tea, sugar and tobacco. The approach followed in this study is relevant as this trade-off between coffee and the other cash crop sectors may not be visibly shown using standard value chain approaches.

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