Philosophy 2080 Lecture Notes - Mens Rea, Criminal Negligence, Strict Constructionism
5 Feb 2013
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Tutton is a complicated case to sort out, again the primary issue is the objective versus subjective mens rea problem, but the case also raises the troubling difficulty of religious belief. An honest mistaken belief in a certain set of circumstances that would make the accused not aware of the commission of a crime should result in an acquittal, but there are occasions where the belief itself strains credulity. The problem as described accords with the lay person"s intuitive response to this case. The accused parents seemed to have known the difference, known the potential consequences of their conduct, and must have known them with what most of us would see as a moral certainty. Incidentally, the principle issue is one of interpretation. If mens rea is required, then an honest but mistaken belief in consent is a potential defence. If no mens rea the the beliefs of the accuseds are irrelevant.
