Related Experiment Video
Updated: Sep 22, 2025
07:15
Tactile Vibrating Toolkit and Driving Simulation Platform for Driving-Related Research
Published on: December 18, 2020
4.6K
Beyond the Present-Fault Paradigm: Expanding Mens rea Definitions in the General Part
1Reader in Criminal Law, Birmingham Law School.
Oxford Journal of Legal Studies
|May 26, 2022
Summary
This study reveals that current legal concepts of mens rea (criminal intent) are ill-suited for future-oriented offenses like attempt and conspiracy. A new framework is needed to properly conceptualize criminal intent for these complex crimes.
Area of Science:
- Criminal Law
- Legal Theory
- Jurisprudence
Background:
- Current legal frameworks struggle to adequately define mens rea (criminal intent) for specific categories of offenses.
- The 'present-fault paradigm' inadequately addresses offenses involving both present and future conduct.
Purpose of the Study:
- To analyze the limitations of existing mens rea terms in criminal law.
- To propose a more appropriate conceptualization of mens rea for inchoate and complicity offenses.
Main Methods:
- Conceptual analysis of mens rea definitions.
- Examination of legal principles governing attempt, conspiracy, and complicity offenses.
- Critique of the 'present-fault paradigm' in criminal law.
Main Results:
- Existing mens rea terms, designed for present conduct, are misapplied to offenses with future conduct elements.
- The current legal framework fails to properly conceptualize mens rea for inchoate offenses, attempt, conspiracy, and complicity.
Conclusions:
- A revised understanding of mens rea is necessary for offenses targeting future conduct.
- Legal analysis must adapt to the dual-conduct nature of inchoate and complicity crimes.
More Related Videos
Related Concept Videos
01:13Torts II
697
Intentional torts in healthcare refer to deliberate actions that cause harm or infringe on the rights of others. Understanding these torts is crucial for healthcare professionals to avoid legal liabilities and maintain ethical standards in patient care.
697
01:26Torts III
778
Types of Quasi-intentional Torts in Healthcare
Quasi-intentional torts in healthcare involve acts where intent is not directed to harm an individual but results in harm due to careless or reckless speech.
Quasi-intentional torts in healthcare involve acts where intent is not directed to harm an individual but results in harm due to careless or reckless speech.
778
01:14Torts I
1.3K
Torts in nursing are wrongful acts that can harm patients and potentially lead to civil liability for the involved nurse. These wrongful acts range from unintentional errors to deliberate actions. Depending on the nature and severity of the tort, a nurse found liable may face financial penalties or disciplinary actions. Understanding the distinctions between intentional, quasi-intentional, and unintentional torts is crucial for nurses to mitigate risks and provide safe patient care.
Intentional...
Intentional...
1.3K
01:42Schemas
12.0K
A schema is a mental construct consisting of a cluster or collection of related concepts (Bartlett, 1932). There are many different types of schemata, and they all have one thing in common: schemata are a method of organizing information that allows the brain to work more efficiently. When a schema is activated, the brain makes immediate assumptions about the person or object being observed.
12.0K
01:20Social Foundations of Self II: The Generalized Other
8
According to George Herbert Mead, as children progress beyond the game stage, they develop a more comprehensive understanding of societal rules and norms. This cognitive and social development enables them to internalize the expectations of the broader community, refining their ability to regulate behavior.Consistent participation in organized activities is crucial in helping children recognize that their actions are not isolated but contribute to a more significant, interconnected group...
8
00:56Attribution Theory
13.4K
Behavior is a product of both the situation (e.g., cultural influences, social roles, and the presence of bystanders) and of the person (e.g., personality characteristics). Subfields of psychology tend to focus on one influence or behavior over others. Situationism is the view that our behavior and actions are determined by our immediate environment and surroundings. In contrast, dispositionism holds that our behavior is determined by internal factors (Heider, 1958).
13.4K