LAW135 - Lecture 4: Introduction to Mens Rea (MR) Complete Assignment Questions Answers.
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HMEMS
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HMEMS
What is the usual translation of Mens Rea? - correct answer Guilty mind
What does MR essentially do? - correct answer Mens rea turns the conduct from being merely harmful to substantively criminal.
What does MR distingu...
What is the usual translation of Mens Rea? - correct answer Guilty mind
What does MR essentially do? - correct answer Mens rea turns the conduct from
being merely harmful to substantively criminal.
What does MR distinguish between? - correct answer MR is what distinguishes
between harmful conduct and wrongful conduct.
What is essentially MR about? - correct answer MR is about the defendant's mental
state and what their reasoning and understanding is.
It is also about their foresight; the content of their cognition, both in terms of knowledge and in terms of
impulses.
is MR subjective or objective, and why? - correct answer MR is subjective. This is
because it is what is going on in the defendant's head.
What does it mean when people talk about a 'mens rea principle'? - correct answer
They are talking about the notion of a subjective mental element within the defendant's mind.
Who said the following quote concerning MR?
"In order to satisfy rule of law standards, an offence must have a (subjective) mens rea requirement in
order to alert D to the fact that he is about to violate the law: some element of mens rea is needed in
order to give fair warning, which would be absent if offences could be committed accidentally". - correct
answer John Gardener said this quote in 2005.
What is a significant quote by legal philosopher Gardener in regards to MR (2005: 70)? - correct answer
"In order to satisfy rule of law standards, an offence must have a (subjective) mens rea requirement in
, order to alert D to the fact that he is about to violate the law: some element of mens rea is needed in
order to give fair warning, which would be absent if offences could be committed accidentally": Gardner
2005: 70).
Who said the following quote concerning MR?
"The criminal law ought not to be used to criminalise the merely stupid or irrational" - correct answer
Professor Victor Tadros said this quote in 2005.
What is a significant quote by legal philosopher/professor [Victor] Tadros in regards to MR (2005: 239)? -
correct answer "The criminal law ought not to be used to criminalise the merely
stupid or irrational": Tadros 2005: 239
What is a [philosophical] problem with MR? - correct answer Philosophical
solipsism: how do you know another's mind?
We can see, hear, determine by looking at the accounts, that the AR has taken place: how do we see the
MR? Well, we have to do this by evidence which allows for implication that we can adduce.
NB: Solipsism holds that knowledge of anything outside one's own mind is unsure; the external world
and other minds cannot be known and might not exist outside the mind.
Cite a civil case quote regarding MR - correct answer "The state of a man's mind is
as much a fact as the state of his digestion": per Bowen LJ, Erdington v Fitzmaurice (1885) 29 Ch D 459
This quote was concerning whether or not someone had done something with malice.
Lord Bowen's approach to people's minds does not look to the philosopher's approach to people's
minds.
What is a key tension we will see as MR elements have developed? - correct answer
We will see a tension between the objective and the subjective.
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