Philosophy 2080 Lecture Notes - Lecture 17: Mens Rea, Social Stigma, Criminal Negligence
17 Feb 2016
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Makes laws that have to be obeyed. Acceptable norm of behaviour, which criminal law is about, if an act becomes a crime, it becomes a crime because we think it"s normatively important. Both common law and criminal code defenses. Lady died during the act, thought she was alive at the time so can"t be charged for defiling a dead body (mens rea defense) She wasn"t very responsive, but you were still having sex with her, so what were you doing: technically, that"s rape/sexual assault. Judge said it was the intention to commit rape, so can"t commit indignity to a dead body: so doesn"t have mens rea for what he"s charged with. Judge said his defense was tantamount to an intention to commit a rape, was not acting innocently, mens rea for one offense is good enough for a conviction of another offense. Formalist see it was a convoluted reason, need a mens rea for what you are charged.
