Economics 3366A/B Study Guide - Quiz Guide: Roland Freisler, Reasonable Person, Grievous Bodily Harm
23 Sep 2020
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Principle of guilt is the corner stone of criminal liability (doesn"t exist in private law) Guilty mind = mental attitude: without mens rea, there"s no (retributive) justice punishing innocents is unfair. Mens rea -> proportionality: exception are strict liability offences. Mens rea illustrated: different homicide offences: dutch criminal code, murder art. 289 -> he who intentionally and with premeditation : manslaughter art. 287 -> he who intentionally : negligent manslaughter art. 3 main categories of qualifying circumstances: base motives, base means, base aims, history of the german murder offence. Before, it was exactly the same as in the netherlands inspired by roman law. During the nazi regime, it was changed with consideration" -> qualifying circumstances. Roland freisler: criminal law shouldn"t be based on the wrongfulness of the act, but on the nature of the offender. Criminal law is the war against offenders offenders are subhumans: current critique on 211 gcc.
