POL-Jan21 - Objective vs. Subjective -Subjective refers to...

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Objective vs. Subjective -Subjective refers to mens rea (the guilty mind, intention), because it talks about what is going on in the person’s mind at that time. *Always applies in criminal law -Objective is not concerned with intention (i.e. you ought to have known better). -If there is no mens rea, you should not be punished because you did not mean to do anything wrong. -Criminal law is almost always subjective. Normative- conduct that has normative implications; punishable conduct. Purely normative- when you do something, but the only thing you have done wrong is break the law. The only implications come from the fact that what you are doing is forbidden by law. Normatively important- (Oblique intention) 1. Intend one thing 2. Know some other thing will result 3. Do #1 anyway 4. Reason not to do #1 is referred to as the “normatively important reason” Because you intend one thing and know the result, you therefore intend the resulting result. Also called the Doctrine of Double Effect. Oblique intention- you don’t want to kill a child, you want to separate Siamese twins. However, you can not say that you didn’t intend to kill the child since you knew it would result. You are tried as you committed the same intention to do the resulting result. *Not every criminal offence requires mens rea, or uses it to the same extent. Case: R. vs Logan -3 guys rob a store, one guy shoots the clerk. All three men were charged and convicted with attempted murder. Also charged with armed robbery, assault with a weapon. -The one guy said he had no idea guns would be involved. Is there mens rea? -“Everyone is a party to an offence.” Where two or more persons carry an intention to commit an offence, and one person commits another offence in the process, both parties who knew or who ought to have known are liable for those actions as well.” -Some offences require less mens rea, some require more. Murder requires the least
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This note was uploaded on 04/04/2009 for the course PHIL 2821 taught by Professor Klimchuk during the Spring '09 term at UWO.

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POL-Jan21 - Objective vs. Subjective -Subjective refers to...

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