Philosophy 2080 Lecture 15: Monday February 6th, 2017
17 Apr 2017
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If you claim that you have an honest belief, your actions are justified. Could be subjective, what you"re conscious of, what you intend. In the us criminal law is state base: in canada, criminal law is federal. In the case of mental disorder, defenses that might get you off: the defense has to be raised by the defense lawyer, it cannot be raised by the prosecution. Mental institutions cannot hold you longer than the time you would have spent in jail. Man persuaded his buddies that they could have sex with his wife and when she said no she meant yes. They had an honest belief that she meant yes when she said no. Each case is looked at on its own: not a broad brush approach to cases. The jury is the trier of the facts: it"s whether the facts warrant on the part of the jury that the accused is guilty of the crime they are accused of.
