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Criminal Law (LL108) - Should constructive liability continue being a part of the law on homicide? - Essay
Plan
Contents
Arguments For
1. Moral Thresholds
a. Evaluation: Setting the threshold
2. Deterrence Value
a. Evaluation: Deterrence value is overestimated
3. ‘No guilty act without a guilty mind’
a. Evaluation: Correspondence between the mens rea and the actus reus is necessary
4. Fair labelling and closure
a. Evaluation: Labelling is excessive and counterproductive
Arguments Against
1. Allowing the vagaries of fortune to determine punishment and blameworthiness
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