Law question.... explain the concept?
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Law question.... explain the concept?
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explain concept of guilty mind and moral responsibility in determining various levels of criminal responsibility and defense that an accused may use with respect to the allegation of criminal responsibility
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Pamela
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If a criminal defendant is truly regretful and sorry about what he did, he might be given a mitigating factor by the judge. There may be 20 mitigating factors, such as giving first aid to a traffic victim, writing a letter of sympathy and remorse to the family of the victim (at his own will), paying for a funeral, etc. Although we don't use "guilty mind" as a concept in the USA, remorse is a mitigating factor. Crying in Court, a sudden depression, crying at home, moodiness, isolating oneself from people, etc. would all be evidence of remorse. Your lawyer has to tell the judge you are remorseful, and state the evidence.
I'm not sure what you mean by moral reponsibility. If the defendant recognizes a moral responsibility for his actions, then I guess that would also be a mitigating factor. It's amazing how many criminals (misdeamenants and felons, summary criminals) do not show any regret or remorse, and likewise no moral responsibility. Hope that helps. God speed. |
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Filet O' Fish
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You might be referring to what is called "mens rea," a latin term for "guilty mind." Most crimes (with the exception of "strict liability" crimes) have a mens rea requirement. Thus, one cannot be criminally punished if they did not have a guilty mind. A classic illustration is a person who kills someone while sleepwalking. In that case, there was no mental culpability, so there should be no punishment. |
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Additional Details<... |
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No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
