Economics 3366A/B Study Guide - Quiz Guide: Confirmation Bias, Mens Rea
8 Oct 2020
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V"s decision was understandable and caused by d"s wrongful conduct (see also: hr 26. 6. 1996, Nj 1997,563: e. g. german case (olg celle 2001: high mortality rate operation after car accident v. refuses operation, d. is causal responsible, e. g. uk: blaue case. Nl: theory of reasonable attribution (=a legal concept but traditional test still shine through) Uk: but for test + normative principles of causation developed in case law. G: 2 step approaches of academia vs (meta-)physical bgh approach. See: old 1 year and 1 day rule: people often confuse correlation with causation. Only because a + b occur simultaneously does not mean that one is the cause of the other: powerful psychological processes such as confirmation bias or tunnel vision may wrongly influence the establishment of a causal link. Summary: assessing criminal liability: a step by step approach: which offence fits the conduct described best, which form of conduct is relevant in the case at hand, positive action, omission.
