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Criminal Conduct

Markus D. Dubber

in An Introduction to the Model Penal Code

Published in print:
2015
Published Online:
March 2015
ISBN:
9780190243043
eISBN:
9780190243081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243043.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter discusses the Model Penal Code’s provisions on the prerequisites of criminal liability, including actus reus, mens rea, omission (direct and indirect), possession (simple and compound), ... More


The Doctrinal Basis of the Actus Reus Requirement

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Whether there is a unitary and coherent doctrine that can be referred to as the ‘actus reus requirement’ is the topic of this chapter. Two worries about this doctrine are examined and allayed. One is ... More


Culpable Mind

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0003
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter criticizes the character and choice theories of the culpable mind as incapable of justifying judicial punishment specifically as opposed to moral censure generally. It develops from ... More


Criminal Law Doctrine

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0005
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines arguments about the use of neuroscience to inform three primary doctrinal categories for adjudicating guilt: actus reus, mens rea, and the insanity defense. For each category, ... More


A Culpable State of Mind

Guenael Mettraux

in The Law of Command Responsibility

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559329
eISBN:
9780191705304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559329.003.0010
Subject:
Law, Criminal Law and Criminology, Public International Law

This chapter discusses each and every aspect of the relevant mens rea or state of mind relevant to the doctrine of superior responsibility both under customary international law and in the Statute of ... More


Mens Rea, Logic, and the Brain

Gert-Jan Lokhorst

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0003
Subject:
Law, Medical Law

This chapter discusses some recent work in the artificial intelligence and law community on the logic of mens rea ascriptions. It extends this work to give an account of quantified mens rea ... More


Minds on Trial

Jerome Neu

in On Loving Our Enemies: Essays in Moral Psychology

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199862986
eISBN:
9780199949762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199862986.003.0008
Subject:
Philosophy, Moral Philosophy

An individual is never now punished—in the United States at least—for thoughts alone. Using the word “thoughts” broadly—to cover a wide range of mental states, including belief, desire, and ... More


A Three-Part Framework for Analysis

STUART P GREEN

in Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225804
eISBN:
9780191708411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225804.003.0004
Subject:
Law, Philosophy of Law, Employment Law

This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is ... More


The Mental Element in Modern Criminal Law

Peter Ferguson QC

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0020
Subject:
Law, Criminal Law and Criminology

The principle of mens rea is directed at answering any individual legal system's question: who deserves punishment? It is chiefly that point which is considered in this chapter in light of, first, ... More


Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction?

PAUL H. ROBINSON

in Action and Value in Criminal Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258063
eISBN:
9780191681783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258063.003.0009
Subject:
Law, Criminal Law and Criminology

Many criminal lawyers, judges, and professors see the distinction between actus reus and mens rea as one of the more basic of criminal law. Along with the offence-defence distinction, it helps us ... More


General or Chapeau Elements of Genocide

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0014
Subject:
Law, Human Rights and Immigration

With respect to genocide, Article 4 of the statute of the ad hoc tribunal for the former Yugoslavia and Article 2 of the statute of the tribunal for Rwanda are identical in both form and substance. ... More


Children and the Mental Element in Criminal Law

Claire McDiarmid

in Childhood and Crime

Published in print:
2007
Published Online:
May 2015
ISBN:
9781845860127
eISBN:
9781474406147
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860127.003.0003
Subject:
Law, Family Law

This chapter investigates the attribution of criminal responsibility to children by means of the mental element in terms of the maxim actus non facit reum nisi mens sit rea. Its argument is that ... More


Fault Elements

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the personal fault elements comprising the mens rea of genocide. It discusses the crime's unique specific intent requirements and analyses the discriminatory targeting of ... More


The Classification of Crimes and the Special Part of the Criminal Law

Jeremy Horder

in Defining Crimes: Essays on The Special Part of the Criminal Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter begins by discussing the importance of identifying the mental states and activity conditions of people in the classification of crimes. It differentiates the general part from the ... More


ACTS OF WILL AND RESPONSIBILITY

H. L. A. Hart

in Punishment and Responsibility: Essays in the Philosophy of Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199534777
eISBN:
9780191720703
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199534777.003.0004
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter explores a doctrine concerning criminal responsibility which has descended from the philosophy of conduct of the 18th century, through Austin, to modern English writers on the criminal ... More


Legalizing Blame II: Doctrinal Problems in the General Part

ALAN NORRIE

in Punishment, Responsibility, and Justice: A Relational Critique

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198259565
eISBN:
9780191710636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259565.003.0008
Subject:
Law, Comparative Law, Philosophy of Law

This chapter analyses problems of law within the general part and shows that legal issues which have resisted successful analysis can be understood once one sees that the law's key move is to ... More


Offence Requirements

Paul H. Robinson

in Structure and Function in Criminal Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198258865
eISBN:
9780191681875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258865.003.0003
Subject:
Law, Criminal Law and Criminology

The most basic organising distinction of offence requirements in current law has been the actus reus-mens rea distinction. This chapter specifically starts by exploring the weaknesses of and the ... More


Rapes Without Rapists: Consent and Reasonable Mistake *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0010
Subject:
Law, Philosophy of Law

Since a mistaken belief about consent should be a defence to rape when it is reasonable, it is important to identify the kind of evidence that is helpful in distinguishing reasonable from ... More


Moral Agency: The Necessary Characteristics of the Criminal Actor

K. J. M. Smith

in Lawyers, Legislators and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198257233
eISBN:
9780191681738
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257233.003.0007
Subject:
Law, Criminal Law and Criminology

Over the course of the nineteenth century practically no judicial analysis was devoted to constructing any general conceptual basis of moral agency. Even in respect of the relatively frequently ... More


Criminal Responsibility, Criminal Competence, and Prediction of Criminal Behavior

Stephen J. Morse and William T. Newsome

in A Primer on Criminal Law and Neuroscience: A contribution of the Law and Neuroscience Project, supported by the MacArthur Foundation

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199859177
eISBN:
9780199332694
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859177.003.0006
Subject:
Neuroscience, Behavioral Neuroscience

This chapter systematically addresses the current relevance of neuroscience to the doctrines of criminal responsibility and competence and the practice of predicting criminal conduct. It offers a ... More


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