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Essay on Main Ideas

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Western University
Philosophy 2080
James Hildebrand

CRIMINAL LAW AN ESSAY ON MAIN IDEAS GETTING FOR THE GOAL y Formalist has an important worry about the realist philosophy if judges simply decide each case by how they would like to see things come out the rule of law is lost y Rules are always subject to interpretation y When does control begin and end CIRCUMSTANCES y Actus reus also covers aspects of the circumstances in which the action occurred ABSOLUTE LIABILITY y Rape cannot be done by accidentdirectly intentional or reckless action y Absolute liability offences where a defence of due diligence is permitted SOCIAL CONTROL AND THE MISSING STIGMA y Companies may be either strictly or absolutely liable for the environmental damage they cause whatever their intentions werey Known as public welfare offences are regulatory and do not carry with them the moral stigma of true criminal convictions ABOUT A TRUE CRIME y Some feminist theorists would like to see liability for sexual assault become absolute y A womans no consent to sexual contact would be sufficient for a sexual assault offence regardless of the accuseds intentions y Absolute liability rests uneasy in the hands of those who are the Crown MENS REA y It is said to be the mental component demanded by justice for a true criminal offence y State of anxiety is irrelevant to mens rea y To look for what mental quality in the accused the court must already have decidedthat the accused is a rational moral agenty An agent may have had no desire to do what she does and yet have mens rea y Those who act under duress act voluntarily so theres even an actus reus y An excuse duress comes in at a later stage of the argument about criminal culpability
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