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Oct 30, 2021 · This article explores the use of mens rea terms in the criminal general part. We contend the current law fails properly to conceptualise mens rea for a large category of offences, namely bespoke/substantive inchoate offences, attempt, conspiracy, assisting and encouraging, and the general offence of complicity.
Nov 10, 2022 · Complicity provides a perfect place from which to take steps towards a doctrinally clear and coherent criminal law. In particular, by acknowledging in the complex mass of cases a requirement that the accomplice contribute to the principal's crime.
Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century.
The Reporter for the Model Penal Code’s general part, Herbert Wechsler, adopted a substantiality-of-aid threshold for his recommended knowledge mens rea for accomplices. He was, however, outvoted by the Institute in its final draft of §2.06. See Model Penal Code §2.04 (3) (Tentative Draft No. 1, 1953).
This chapter explores the philosophical interest of the problems raised by accomplice liability, and makes a case for several propositions, some specific to complicity law, and some to theories of responsibility. First, it sets out briefly the basic legal elements of complicity law, concentrating on Anglo-American law, and next examines the key ...
Aug 29, 2017 · This article conceptualizes what strict liability is in the criminal law. Four properties are found to be individually necessary, only jointly sufficient, for there to be the kind of moral blameworthiness that must underlie any just punishment: prima facie wrongdoing, absence of justification, prima facie culpability, and absence of excuse ...
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This chapter raises the question of what should become of the criminal law doctrines of accomplice liability once the supposition on which those doctrines are based — that of intervening causation — is discarded.
