Philosophy 2080 Study Guide - Actus Reus, Mens Rea, Strict Liability
24 Sep 2014
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Protection of the public: lamar mens rea conduct, la forest actus reus. Scope of exemption from criminal responsibility determining degree in which def was. In a metal state caused by normal state of sleep not an illness = no disease. No disease of mind insanity is not the case. Act was performed in a state of unawareness caused by sleep. Sleepwalking is common, very rare for a sleepwalker to injure or to repeat violent. Must distinguish between non-insane automatism & insanity disease of the mind . Brings up two considerations to determine whether there is a disease of mind: continuing nature if it will happen again then treat it as a disease. Internal cause if there is something internal making the person act then treat it as a disease. Says only those who act voluntarily act criminally. No need to worry about floodgates hard to prove sleepwalking.
