NCJ Number
60442
Date Published
1978
Length
75 pages
Annotation
AN EXAMINATION OF THE GENERAL PRINCIPLES OF CRIMINAL LAW RELATED TO THE MENTAL STATE IN CRIME IS PRESENTED; RECOMMENDATIONS OF THE LAW COMMISSION OF ENGLAND REGARDING CODE CHANGES ARE HIGHLIGHTED.
Abstract
FOLLOWING EVALUATION OF COMMENTS AND DISCUSSIONS WITH MANY INDIVIDUALS, ORGANIZATIONS, AND THE CRIMINAL LAW REVISION COMMITTEE, THE LAW COMMISSION DEVELOPED SEVERAL RECOMMENDATIONS REGARDING THE LAWS RELATED TO THE MENTAL ELEMENT IN CRIME. FOR EXAMPLE, A COURT OR JURY, IN DETERMINING WHETHER A PERSON HAS COMMITTED AN OFFENSE, SHOULD DECIDE WHETHER THE PERSON INTENDED A PARTICULAR RESULT OF HIS CONDUCT, WHETHER HE WAS RECKLESS AS TO SUCH A RESULT, WHETHER HE FORESAW THAT SUCH A RESULT MIGHT OCCUR, OR WHETHER HE WAS RECKLESS AS TO THE EXISTENCE OF SUCH A CIRCUMSTANCE, BY REFERENCE TO ALL THE EVIDENCE, DRAWING SUCH INFERENCES FROM THE EVIDENCE AS APPEAR PROPER IN THE CIRCUMSTANCES. RELEVANT FACTORS FOR CONSIDERATION ARE WHETHER THE NATURAL AND PROBABLE CONSEQUENCES OF THE DEFENDANT'S CONDUCT WERE A RESULT OF SUCH ACTIONS, AND WHETHER A REASONABLE MAN IN HIS SITUATION WOULD HAVE KNOWN THAT THE CIRCUMSTANCES EXISTED. IN RESPECT OF AN OFFENSE WHICH IS CREATED BY A PROVISION IN OR UNDER A STATUTE PASSED ON OR AFTER THE APPOINTED DAY, IT SHOULD BE EXPRESSLY STATED TO WHAT EXTENT LIABILITY DEPENDS ON INTENTION, KNOWLEDGE OR RECKLESSNESS, DEPENDS ON AN OBJECTIVE STANDARD OF CONDUCT, OR IS INTENDED TO BE STRICT. FOOTNOTES AND EXPLANATORY NOTES ARE PROVIDED, AS WELL AS APENDIXES; APPENDIX A OF THE REPORT IS A DRAFT CRIMINAL LIABILITY (MENTAL ELEMENT) BILL. (LWM)