Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 18 of 18 for “"mens rea"”.
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Sexual Assault and the Mens Rea Problem: The Empathic Approach
… fails to have the necessary criminal intent, or mens rea, and thus cannot be held culpable for the crime. I consider the appropriateness of holding these persons to a standard of negligence, ultimately concluding that this standard of liability fails to characterize the mental state of …
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Criminal negligence and mens rea : is the reasonable man test an unreasonable one?
… the pure objective test, the notion of the reasonable man, the relative objective test, circumstances external to the actor, and the subjective test. In doing so I shall critically consult and review the writings of various South African writers on the topic as well as the courts' handling …
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Reforming corporate fraud regulation in the UK: a model of manifest liability.
… as may have been evidenced in the recent widespread mis-selling scandals. In response to the difficulties associated with the ‘identification principle’, various alternative approaches have been mooted. Whilst the realist nature of organisations is now widely acknowledged, proposals for reform …
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Culture, crystallisation and courtrooms: the legal challenges presented by the criminalisation of child soldier recruitment
… have been identified as formulating a clear mens rea and actus reus, establishing the appropriate modes of liability, determining the scope of the defence of mistake, and accounting for cultural relativism concerns. It is argued that the two courts have been, for the most part, successful in …
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Karo nusikaltimų traktuotė tarptautiniuose teisės aktuose ir LR BK /
… in which war crimes are commited; grave breaches and other serious violations of the norms of the International law; the object and victims; subject; mens rea; nexus between war crime and armed conflict. The mentioned elements are analized in view and comparison of the case law of …
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Asperger Syndrome and perceived offending conduct: a qualitative study
… issues involved, in particular the actus reus, mens rea, liability, recklessness and risk. The notions of automatism and insanity are examined in light of the data. The possibility of post traumatic stress disorder as a contributory factor to unlawful conduct is presented. The study examines the …
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Talking about rape: a discursive study of convicted adult rapists' accounts of rape
… the management of identity, sentence type and treatment received. Subscription to rape myths was often relatively subtle and was based on offenders’ accounts of their mens rea (or lack thereof) or their consumption of drugs and/or alcohol, rather than primarily about the culpability of their …
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Violence on cruise ships: Α forensic psychiatric perspective
… ανασύνθεση και τη θεμελίωση του mens rea· (β) επίμονη ταξινομική αβεβαιότητα χαρακτηρίζει συμβάντα εν πλω (ατύχημα/αυτοκτονία/ανθρωποκτονία) λόγω κενών στη χρονογραμμή και ανεπαρκούς επιτήρησης· (γ) σπανίζει η άμεση τεκμηρίωση της ψυχικής κατάστασης στο σημείο φροντίδας· (δ) οι …
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Allegiance in International Armed Conflicts: The Role of the Duty of Fidelity in International Humanitarian Law
… law, and its use by relevant actors in six areas of IHL. The investigation reveals a rich historical practice around the concept of allegiance, its incorporation in rules and discussions of IHL, and the employment of this concept for multiple and diverse purposes: from the alleged basis for …
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The Penal Code (Amendment) Act, 2005, Does the intention of Parliament Harmonize with the practice of Courts?
An increase in reports of child defilement has been described as unprecedented in the history of Zambia. It is an out break to the extent that Civil Society has been advocating for mandatory death penalty for the offenders while courts have resorted to imposing long jail sentences on the convicts. …
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Bureaucratic mercy: The Home Office and the treatment of capital cases in Victorian England
… where a stricter construction of the concept of 'mens rea' occurred. The development of a professional Home Office bureaucracy and the gradual limitations which it imposed on ministerial power is an important theme in the history of government that is illustrated from the files. In the close …
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Strain and the School Shooter: A Theoretical Approach to the Offender's Perspective
… the public idea of a school shooting, sometimes creating the image of dark and angry teenagers stalking the hallways of every high school in America, all the while plotting a heinous act of unspeakable violence against their peers. Once a safe environment for learning and enrichment for children, …
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The Moral Foundations of Fair Labelling
… - an ontic injustice. This ontic injustice creates a mismatch between the offender’s entitlements (as per critical morality) and the legal categories and duties imposed on them when allocating blame in punishment. I argue that fair labelling is concerned with this specific kind of mismatch …
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Proof beyond a reasonable doubt
Proof beyond a reasonable doubt is the standard of proof that is applied in criminal cases. The burden of proving the guilt of the accused in this manner rests on the state, and does not shift to the accused. This is in contrast to the evidential burden which may shift to the accused to rebut a …
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"It is no accident that this is called an accident"- vehicular negligence : a socio-legal study of crime, law, and public safety
… for these two acts different? Perhaps societal reaction and tolerance towards these behaviours. Why is it that popular socio-legal discourse takes the position that societal reaction is the result of the information it receives? The focus of my research was to determine whether language affects …
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FORCED DISPLACEMENT IN INTERNATIONAL CRIMINAL LAW
… of forcibly displaced persons worldwide increased from 18.2 million to 117.3 million between 1993 and 2024 – more than six times higher in thirty years. Despite the scale and severity of the phenomenon, forced displacement has rarely been examined as a specific and coherent object of …