ADMJ 103 Lecture Notes - Lecture 17: Malice Aforethought, Homicide, Actus Reus
22 Dec 2020
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Rational classification and proportional grading of offenses: actus reus as an. Differences in result must be taken into account as part of actus reus if classification and grading are to be rational. Ex: murder and attempted murder have the same mr but not the same outcome; therefore they are classified differently. The f-m doctrine serves this goal of societal notions of proportionality; reflecting a societal judgment that an intentionally committed robbery that causes the death is qualitatively more serious than an identical robbery that does not. Condemnation (societal outrage) embodies a number of ideas. Condemnation: reaffirming the sanctity of human life the notion of reinforcement of societal norms and values as a guide to the conduct of upright persons. F-m rule helps by distinguishing crimes that cause human deaths, thus reinforcing the reverence for human life. The expression of solidarity with the victims of crime.
