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Essay on Main Ideas

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Western University
Philosophy 2080
James Hildebrand

CRIMINAL LAW MAIN IDEAS ESSAYINTENDING A CRIME y Directly intentional actions are what they are y Because of the descriptions their agents would be truthfully give them y Because the issue here is my direct intention it all depends upon the purpose which would describe my act OBLIQUE INTENTION AND PURELY NORMATIVE SIDEEFFECTS y Unless one directly aims to commit a crime ones criminality is a sideeffect y Purely normative sideeffect of an actionsay that such side effects are obliquely intended y To establish the theory of oblique intention is to heighten the degree of culpability for the bad sideeffects which occur from what one has directly intendedy When someone produces a purely normative sideeffect it is an outcome of some other thing done directly a thing itself illegal y Direct intention is converted into criminally mens rea not only and merely because some actus reus is committed consciously on purpose but also when the agent possesses in addiction some kind of lively appreciation that she is active against the law y Against the reason that the purely normative side effect of illegality provides in itself A PHILOSOPHICAL OBJECTION y Each existing law will morally obligate according to its own individual merits y Criminal law is only trying to stop people from doing what they shouldnt be doing in any case y Wills J In the Queen v Tolson Knowingly and intentionally to break a statute must I think from the judicial point of view always be morally wrong unless a good excuse exists inasmuch as the administration of justice and indeed the foundation of civil society react upon the principle that obedience to the lawis the first duty of a citizen LADUE AND THE LIVING BODY OF THE LAWy Ladue copulated or attempted to copulate with a dead woman y Convicted at trial of indecently interfering with a dead human bodyy Being drunk he though she was alivey Makes no mention of mental requirement but correct judicial practice in the face of such omission is to import the requirement of mens rea
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