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Mens Rea and State Loses on Corruption Cases: An Analysis of Corruption Court Judgment of Semarang

open access: diamondJournal of Law and Legal Reform, 2020
Quality Judges' decisions are decisions that are based on legal considerations according to the facts revealed at the trial, according to the laws and beliefs of the judge without being influenced by various external and internal interventions.
Alif Kharismadohan
doaj   +3 more sources

Mens rea ascription, expertise and outcome effects: Professional judges surveyed [PDF]

open access: yesCognition, 2017
A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome.
Markus Kneer, Sacha Bourgeois-Gironde
exaly   +5 more sources

The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions [PDF]

open access: diamond, 2018
This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as ...
Lucinda Vandervort
openalex   +4 more sources

Mens Rea [PDF]

open access: yes, 2002
Mens Rea, or “guilty mind,” marks a central distinguishing feature of criminal law. An injury caused without mens rea might be grounds for civil liability but typically not for criminal.
Robinson, Paul H.
core   +6 more sources

Four functions of mens rea [PDF]

open access: yesThe Cambridge Law Journal, 2011
Everyone agrees that mens rea is relevant to fault. The maxim actus non fit reus nisi mens sit rea has been around for centuries.1 According to foundational principles of the criminal law, it is normally not enough to support a conviction that D ...
Chan, Winnie M. F., Simester, A. P.
core   +2 more sources

Law Enforcement Criminal Acts of Corruption in The Perspective of Human Rights [PDF]

open access: yesRechtsidee: Law Journal, 2015
The overall impact of the acts of corruption according to criminology science, certainly can happen due to two things, namely the first due to the intent or in the science of law is referred to as the evil inner attitude (Mens Rea), and the second ...
Ansori Ansori
doaj   +4 more sources

A comparative analysis of “mens rea” of the assault on civil servants

open access: greenACROSS, 2022
The social danger of the assault against public officials consists in undermining the authority of the state and obstructing the work of civil servants, a situation that prevents the effective performance of the functions and tasks of the state.
Mihai DRĂNICERU
doaj   +2 more sources

Understanding Ulterior Mens Rea: Future Conduct Intention is Conditional Intention [PDF]

open access: green, 2017
Where criminal offences such as attempt and conspiracy require a defendant (D) to intend future conduct, D’s intention will always be conditional. D’s intention may be explicitly conditional (eg, D intends to rob the shop, but only if unable to pay her ...
John Child
openalex   +3 more sources

MENS REA

open access: yesInnovative research thoughts
Humans naturally discern purpose from unexpected outcomes. Small toddlers typically learn "I didn't mean to" as an excuse. Thus, pure supposition suggests that the ancient law held men accountable exclusively for their purposeful wrongdoings. All evidence suggests otherwise.
exaly   +4 more sources

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