SOSC 1375 Lecture Notes - Lecture 4: Moral Panic, Mens Rea, Human Rights Watch
24 Nov 2017
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Between changing or conflicting moral codes and law? (link to discussion on legal pluralism) In the common law, criminal culpability is understood primarily in terms of free individual decision and action. Hart says, "the principle of punishment should be restricted to those who have voluntarily broken the law" From this perspective, the essential role of the criminal law is to protect the socially permissible free action of good citizens, centered upon "enjoyment" of their life and property, through punitive re-direction of the anti-social free choices of others. Consciousness is a necessary condition of criminal culpability. Do not hold children under the age of 12 criminally responsible for their actions; don"t under the consequences of their actions. Until age 7- children don"t distinguish between fantasy/reality. Grey area where the court will decided if they will be tried as an adult or a child. Intention refers to a mental state that is both a reason for action and a cause of action.
