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Final

CRI205H1 Final: CRI-corporate law
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4 Pages
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Department
Centre for Criminology and Sociolegal Studies
Course Code
CRI205H1
Professor
O'rake

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1) Intention versus Motivation: a brief review!
Intention and motive are two concepts that are closely connected
with our actions.!
Intention is the aim or purpose of an action whereas motive is the
reason behind an action.!
!
2) The Degrees of Objective Mens Rea!
With an objective mens rea we are not interested in what the
defendant was thinking. Unless, further context is required
(specifically dealing with diminished capacities and/or a defence.)
Again, we are only concerned with the quality of the behaviour. We
compare it with others' standards was it dangerous, careless, etc..!
We are focussing on how the behaviour compares to an objective
standard.
It is much easier to rely on a concept of reasonableness, than it is to
determine a particular person’s intention. As the bar is lowered,
convictions occur more readily in an objective mens rea crime.
!
A) Who is the reasonable person?!
The reasonable person is not an “average” person.
What the ‘average person’ thinks or might do would be irrelevant in a
case where a police officer is accused of acting negligently.! !
When engaged in an activity outside their expertise (police, doctors
etc,.), such individuals revert to the ordinary person standard !
A rational, autonomous actor who has the capacity to appreciate the
consequences/risks of his/her actions!
Additional Contextual Factors? The lack of education and
psychological predispositions serve as no excuse for criminal
conduct, although they may be important factors to consider in
sentencing!

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Description
1) Intention versus Motivation: a brief review Intention and motive are two concepts that are closely connected with our actions. Intention is the aim or purpose of an action whereas motive is the reason behind an action. 2) The Degrees of Objective Mens Rea With an objective mens rea we are not interested in what the defendant was thinking. Unless, further context is required (specically dealing with diminished capacities and/or a defence.) Again, we are only concerned with the quality of the behaviour. We compare it with others' standards was it dangerous, careless, etc.. We are focussing on how the behaviour compares to an objective standard. It is much easier to rely on a concept of reasonableness, than it is to determine a particular persons intention. As the bar is lowered, convictions occur more readily in an objective mens rea crime. A) Who is the reasonable person? The reasonable person is not an average person. What the average person thinks or might do would be irrelevant in a case where a police ofcer is accused of acting negligently. When engaged in an activity outside their expertise (police, doctors etc,.), such individuals revert to the ordinary person standard A rational, autonomous actor who has the capacity to appreciate the consequences/risks of his/her actions Additional Contextual Factors? The lack of education and psychological predispositions serve as no excuse for criminal conduct, although they may be important factors to consider in sentencing
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