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The article is dedicated to the issues of consciously forming criminal intent, its implementation, and the application of the institution of voluntary refusal to commit a criminal offense at the preparation stage. The authors emphasize the importance of establishing criminal liability not only for the committed socially dangerous act but also for preparatory actions and attempts, which allows for counteracting crimes at early stages, preventing harm to social relations, and thus fulfilling the preventive function of criminal law. Various views of criminal law scholars on the possibility of applying the institution of voluntary refusal to complete a crime at the preparation stage are analyzed, and problematic issues that require scientific investigation are highlighted. The significance of direct intent at the preparation stage is examined, and shortcomings of the current legislation, which does not take into account the specific features of its intellectual and volitional moments at this stage, are pointed out. The main focus is on analyzing different forms of voluntary refusal: from passive abstention from further actions to active measures aimed at preventing the completion of a socially dangerous act. It is noted that the choice of the form of voluntary refusal depends on the nature of the subject's previous activity, particularly the method by which the preparation was carried out - through active actions or inaction. A clear formula for the mechanism of voluntary refusal is proposed, taking into account the method of preparation. If preparation for the crime was carried out by inaction, voluntary refusal should include taking necessary actions to eliminate conditions conducive to the crime. In the case of active preparatory actions, voluntary refusal may manifest as either inaction or active measures aimed at eliminating the conditions for committing the crime. A conclusion is drawn on the need to improve legislation, taking into account the specifics of different stages of realizing criminal intent and forms of voluntary refusal. This will ensure more effective law enforcement and the protection of social relations from crimina l encroachments. [ABSTRACT FROM AUTHOR]

This Essay investigates the question of the assessment of evidence in cases of genocide when the perpetrator can make a believable claim that the consistency of a relevant pattern of his behavior has not been demonstrated. Cases of this kind have arisen in the international criminal tribunals in particular where questions of so-called "selective assistance" were concerned (i.e., claims by the defense that genocidal intent could not have existed, as the defendant had in fact helped certain members of the group). It is a claim that has led to widely differing responses in the international criminal tribunals: in Kayishema, the International Criminal Tribunal for Rwanda found that the fact that the defendant may have helped Tutsi children had "little direct bearing" on the question whether he possessed the relevant mens rea; but in Jelisić, the International Criminal Tribunal for the former Yugoslavia considered that the defendant, who had killed Bosnian Muslim prisoners and had voiced his hostile feelings towards Bosnian Muslims as a group, but had also allowed some members of the group to leave his prison camp, had committed his acts arbitrarily rather than "with a clear intention to destroy a group". This Essay suggests a solution to the existing problem by highlighting the temporal dimension of the relevant, seemingly contradictory strands of evidence and by focusing in particular on the principle of simultaneity as a method of resolving cases of seemingly contradictory evidence. [ABSTRACT FROM AUTHOR]

To reduce the availability of hacking tools for use in cybersecurity offenses, many countries have enacted computer misuse acts (CMA) that criminalize the production, distribution, and possession of such tools with criminal intent. Nevertheless, our research illuminates an unintended consequence: the chilling effect of CMA enforcement on legitimate cybersecurity discussions, some of which may be desirable for cybersecurity research, within online hack forums. More importantly, this study uniquely examines the chilling effect stemming from users' fear of legal harm. Drawing on decision-making theories related to choice under uncertainty, we derive new insights into how legal enforcement can suppress lawful acts and reveal the dynamics of social categorization online. Our research offers valuable insights for policymakers and forum administrators. Policymakers can use our findings to mitigate unnecessary uncertainty in legal enforcement such as CMA. This includes developing legal cases to prevent false prosecutions, implementing tailored communication strategies for inexperienced individuals, and considering supplementary measures like licensing and community recognition. A transparent mechanism involving a neutral panel can also be established to ensure legal interpretations align with community norms. Forum administrators, on the other hand, can provide additional information and guidelines, foster responsible online environments, and align resources with professional standards to navigate the uncertain legal landscape and mitigate the chilling effect on knowledge-sharing. To reduce the availability of hacking tools for use in cybersecurity offenses, many countries have enacted computer misuse acts (CMAs) that criminalize the production, distribution, and possession of such tools with criminal intent. However, the dual-use nature of cybersecurity technology complicates the legal process of recognizing such computer misuse tools and of predicting harmful intent based on mere possession. This predicament introduces the possibility of unfounded prosecution that may produce a chilling effect on the provision of techniques otherwise valuable in maintaining cybersecurity and defending against hackers. This study establishes a theoretical foundation for the potentially chilling effect of such legal enforcement by adopting theories about choice under uncertainty. Leveraging an external shock in publicly accessible online hack forums, we examined the impact of CMA enforcement on users' contributions to cybersecurity-relevant topics that are not targeted by the law. We found that CMA enforcement reduces the quantity and the extent of relevance to cybersecurity in discussions in hack forums. We further identified the mechanisms of this chilling effect by delving into users' heterogeneity in responding to the uncertainty of false prosecution imposed by CMA enforcement as well as users' proactivity undertaken to alleviate such uncertainty. Our study reveals this chilling effect is not just about restraining individuals from lawful acts but also about how they refrain from acts not intended as targets of the law. History: Rajiv Kohli, Senior Editor and Associate Editor. Funding: This work was supported by the National Natural Science Foundation of China [Grant 71902152], the Singapore National Research Foundation Grant [Grant NRF2016NCR-NCR001-009], the Youth Talent Promotion Plan of the Xi'an Association for Science and Technology [Grant 095920221339], and the Yonsei University Research Grant of 2022. Supplemental Material: The online appendices are available at https://doi.org/10.1287/isre.2019.0346. [ABSTRACT FROM AUTHOR]

Courts often rely on video evidence, assuming it accurately shows important legal details. Yet, studies suggest that video isn't inherently "objective" and people, including legal professionals, might misinterpret its objectivity due to video quality or context. This study aimed to explore how video speed variations and contextual information affect judgments of responsibility in a video portraying a bus assault. The study employed a 5 × 3 mixed design, with video speed (Very Slow, 0.88x; Slow, 0.96x; Neutral, 1.00x; Fast, 1.04x; Very Fast, 1.12x) as a between-subject variable, contextual information (Hit, Harm, Kill) attributed to the perpetrator's action as a within-subject factor, and dimensions of accountability, predictability, criminal intent, and severity as dependent variables. ANOVA results from a sample of 300 participants (60 per video speed condition) revealed that the highest levels of accountability, criminal intent, and predictability were attributed when the contextual information was "hit" as compared to the "harm" and "kill" actions. Furthermore, the greatest difference in accountability and criminal intent scores for the kill action was between the very fast and very slow conditions. These findings raise significant concerns about the use of video evidence in criminal proceedings, as video speed manipulation and contextual information can have a substantial impact on responsibility judgments. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S. Supreme Court's decision in Counterman v. Colorado and the implications of the chosen mens rea standard for true threats. Topics include the Court's controversial adoption of a "recklessness" mens rea standard, its missed opportunity to address broader issues of free speech harm, and the legal and social consequences of balancing speech protections with the need to prevent harassment and threats.

In this paper, we argue that the Online Safety Act 2023 and Ofcom’s guidance incentivise online platforms to adopt a ‘Bypass Strategy’, where they create and enforce content moderation rules that are broader than existing criminal law to bypass judgements of illegal content. This strategy aims to avoid complex legal interpretations of criminal intent and potential defences but would be unfeasible considering the volume of content on social media platforms and incompatible with automated moderation tools. We argue, however, that the Bypass Strategy, driven by the Act’s focus on illegal content and by the lack of clarity in Ofcom’s proposed guidance, poses a significant threat to users’ freedom of expression and incentivises overremoval of legitimate speech. We offer insights that could help Ofcom to improve its guidance on how platforms should interpret such duties on moderating content and might mitigate this risk within the constraints of the Act. [ABSTRACT FROM AUTHOR]

It may soon be possible for neurotechnology to connect two subjects' brains such that they share a single token mental state, such as a feeling of pleasure or displeasure. How will our moral frameworks have to adapt to accommodate this prospect? And if this sort of mental-state-sharing might already obtain in some cases, how should this possibility impact our moral thinking? This question turns out to be extremely challenging, because different examples generate different intuitions: If two subjects share very few mental states, then it seems that we should count the value of those states twice, but if they share very many mental states, then it seems that we should count the value of those statesonce. We suggest that these conflicting intuitions can be reconciled if the mental states that matter for welfare have a holistic character, in a way that is independently plausible. We close by drawing tentative conclusions about how we ought to think about the moral significance of shared mental states. [ABSTRACT FROM AUTHOR]

Uncontrolled protests championed by Britain and the United States of America increased international interest in cyberspace security. Challenges surrounding cyber-attacks birthed a rethinking to security-concept most especially after the basic values of countless communities have been subjected to risk and threats. Misuse of communication and information technology has extensively led to the collapse of trans-border vital infrastructural facilities. Therefore, the current article came as a rescue to explain how cyber-attacks could be addressed by international law enforcement. The article evaluates the implications of cyberattacks on national security. It demonstrates how international law could tackle challenges posed by cyber-attacks. The article emphasizes the significance of the cyber security concept to national security strategies; questions the cyber terrorism concept; and analyses how terrorist groups are increasingly using cyberspace for criminal intent. The article further provided solutions after a thorough constructive reviewed of the literature, and concluded that more efforts, control systems, defense systems, and protective devices must be strategically embraced and fixed by international law enforcement agencies. It is believed that the execution of this study's suggestions and recommendations would largely curb and reduce cyberattack challenges internationally. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The distinction between the criminal fault elements of recklessness and negligence is one of Anglo-American criminal law's key distinctions. It is a distinction with practical significance, as many serious crimes require at least recklessness and cannot be committed negligently. The distinction is standardly marked by awareness. Recklessness requires awareness that one's conduct carries a risk of harm. Negligence only requires that one ought to have been aware that one's conduct carried such a risk, even if one was in fact unaware of this. But should the recklessness/negligence distinction be marked by awareness of risk, or by something else? Does a defendant's awareness of risk really have the normative significance to mark such a distinction? In this paper, I answer these questions by discussing a challenge to this 'standard account' of the recklessness/negligence distinction raised by the work of Antony Duff, who defends an alternative, non-awareness-based model of the recklessness/negligence distinction. I will argue that, although Duff's alternative model fails, seeing how it goes wrong helps us see how awareness genuinely does have the right kind of normative significance to mark the distinction between recklessness and negligence. [ABSTRACT FROM AUTHOR]

Scholarship on corporate crime focuses, quite naturally, on profit-motivated crime. But there are crimes with an institutional dimension that are not recognized in this framework of corporate crime. In this article, I present a case study of a police organization where multiple employees committed sexual assaults to show that these crimes can have an organizational dimension. This analysis shows two things: first, that the corporate-culture model of attributing mens rea is more effective at identifying corporate crime than the one currently in force in Canada and, second, that organization-facilitated sexual assault is a corporate-entity crime, broadening the conception of corporate crime generally. The corporate-culture model explains why corporations should be liable for crimes they encourage employees to commit even when these are not in line with the organization's objectives. [ABSTRACT FROM AUTHOR]

Antiquity theft occurs all around the world. However, there is no consensus on how to stop it. Do source States strive to crack down on looters? Do States cooperate to stop the transit of antiquities? Or do we ask receiving States to punish the buyers? Given the difficulty of stopping looters and penalizing facilitators, the most effective route seems to be punishing the buyers. However, while the United States has enacted laws that are used to combat cultural property theft—the Convention on Cultural Property Implementation Act, the National Stolen Property Act, and customs laws—prosecutors have been hesitant to criminally charge buyers due to these laws’ demanding mens rea requirements. This Note argues that customs laws could become potent weapons against the theft of cultural property if the level of moral culpability required is reduced. [ABSTRACT FROM AUTHOR]

Criminality rates are higher among persons with attention-deficit/hyperactivity disorder (ADHD), and evidence that medication reduces crime is limited. Medication rates between clinics vary widely even within universal health care systems, partly because of providers' treatment preferences. We used this variation to estimate causal effects of pharmacological treatment of ADHD on 4-year criminal outcomes. We used Norwegian population-level registry data to identify all unique patients aged 10 to 18 years diagnosed with ADHD between 2009 and 2011 (n = 5,624), their use of ADHD medication, and subsequent criminal charges. An instrumental variable design, exploiting variation in provider preference for ADHD medication between clinics, was used to identify causal effects of ADHD medication on crime among patients on the margin of treatment, that is, patients who receive treatment because of their provider's preference. Criminality was higher in patients with ADHD relative to the general population. Medication preference varied between clinics and strongly affected patients' treatment. Instrumental variable analyses supported a protective effect of pharmacological treatment on violence-related and public-order−related charges with numbers needed to treat of 14 and 8, respectively. There was no evidence for effects on drug-, traffic-, sexual-, or property-related charges. This is the first study to demonstrate causal effects of pharmacological treatment of ADHD on some types of crimes in a population-based natural experiment. Pharmacological treatment of ADHD reduced crime related to impulsive-reactive behavior in patients with ADHD on the margin of treatment. No effects were found on crimes requiring criminal intent, conspiracy, and planning. The ADHD controversy project: Long-term effects of ADHD medication; https://www.isrctn.com/ ; 11891971. [ABSTRACT FROM AUTHOR]

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. [ABSTRACT FROM AUTHOR]

South African criminal law has no separate, distinct, or novel cultural defence. Such a defence could negate or mitigate an accused's criminal liability for a culturally motivated crime. Whether South Africa's criminal law could adopt such a defence requires understanding its influence on the requirements for criminal liability. This article evaluates the influence of the cultural defence on the elements of conduct and culpability. The first part deals with the cultural defence and voluntary conduct. The discussion then turns to culpability, which consists of criminal capacity and fault (mens rea). The third part considers the cultural defence's influence on criminal capacity, while the fourth considers its influence on fault. More specifically, the article evaluates how the existing types of defence that can negate conduct and culpability in South Africa's criminal law can accommodate arguments of an accused's cultural background, values, and beliefs to determine whether there is a gap that only a separate, distinct, or novel cultural defence can fill. The article concludes that South Africa's principles of conduct and culpability are already flexible enough to accommodate such arguments, obviating the need for introducing a separate, distinct, or novel cultural defence. [ABSTRACT FROM AUTHOR]

Under criminal jurisprudence, a crime is generally different from an offence, however, in Pakistan, both of them are seen as the same thing. There are different categories of crimes under Anglo-American jurisprudence, however, Pakistan does not follow this model and has categorized offences into three types on the touchstone of the presence of mens rea as the significance of mens rea is such that its presence or lack thereof changes the whole category of crime altogether. There are three essential elements of a crime: mens rea, actus reus, and concurrence, and the Pakistani Courts with a handful of exceptions mention the first two as the only elements while forgetting concurrence. While there is a presumption of mens rea for every offence, the same can be ruled out by the statute itself. The onus to prove the guilt of the accused is on the prosecution through reliable and admissible evidence as a person is deemed innocent until proven guilty. The methodology used in this paper is doctrinal. [ABSTRACT FROM AUTHOR]

Most countries tend to confront economic crimes through their own economic laws. The study focused on showing the specificity of the mental element of economic crimes, which has extraordinary rules that are outside the general rules of offences established in the Penal Code. Most economic legislation treats wrongdoing offences as intentional. Here, the weakness of the mental element of economic crimes appears, being presumed. So that the legislator merely finds a mistake to inflict punishment. Derogating from the general rules, where punishment is imposed for acts of wrongdoing in economic crimes. The study also examines civil liability for damages and financial compensation. The mere fact that the offender has achieved the criminal result is punishable regardless of whether the offender's will exists or not. Because of the nature of the error in economic offences, the unintended economic offence is not subject to the provisions of the general provisions of the Penal Code. Economic offences are characterized by the imposition of severe and deterrent penalties. To achieve public and private deterrence and maintain security and the national economy. [ABSTRACT FROM AUTHOR]

This research paper examines the role of mens rea and actus reus in determination of terrorism charges in a case. In spite of substantial worldwide comprehensive efforts to curb the menace of terrorism, on the legal side there is still a gap. There is no universally accepted definition of this term. In Pakistan, the broad and ambiguous definition of terrorism in the ATA has led legal jurisprudence to overlaps with regular penal laws. There have been two approaches developed under ATLs: one, the mens rea-based approach; and second, the actus reus-based approach. This study discovers the use of these two approaches in execution and prosecution of ATLs. This research uses a comprehensive analysis of existing legal scholarship, judicial opinions, and landmark case-laws. It concludes that mens rea-based approach can significantly enhance the precision and fairness in determination whether a case falls under terrorism laws or not. [ABSTRACT FROM AUTHOR]

False rape accusations have far reaching consequences in that they may result in the prosecution and conviction of innocent persons so falsely accused. In addition to the possibility of criminal sanctions, persons falsely accused of rape may suffer considerable societal stigma, damage to reputation, and psychological harm. Furthermore, the proliferation of false rape accusations may result in actual victims of rape being treated with mistrust and being disproportionately interrogated before their reports are acted upon. Neither of these consequences bode well for any criminal justice system. For this reason, the parliament of Botswana, through the 2021 amendment to the Penal Code, criminalized false or misleading rape accusations. This paper interrogates the legislative intent behind the criminalization. It discusses the elements of the offence in highlighting what the prosecution needs to prove to secure a conviction. Furthermore, the paper assesses the adequacy of the sentence imposed for the offence. For comparative purposes, I explore how other jurisdictions approach the challenges of false rape accusations and distil the lessons to be learnt from such approaches. [ABSTRACT FROM AUTHOR]

The destruction of a group by a process of forced conversion or assimilation, wherein the identity of a protected group, be it national, ethnic, racial, or religious, is eradicated and replaced with another identity is not covered by the prevailing definition of the mens rea of the crime of genocide, which requires that a perpetrator intend the physical or biological destruction of a protected group. This article argues that genocide has been inaccurately applied by international courts, based on an incorrect interpretation of the Genocide Convention that has dominated international law for twenty years, and discusses what non-physical/biological destruction of a group looks like in practice. The article proposes that events in Ukraine give the International Criminal Court, which has yet to definitively interpret the crime of genocide, an opportunity to correct this legal error and thereby ensure that genocide offers better protection to groups from destruction. [End Page 25] [ABSTRACT FROM AUTHOR]

The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one's personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them. However, the law of burglary has expanded and caused so many problems that some commentators now argue for its elimination. Given broad discretion, prosecutors use burglary to over-punish a wide variety of offenses. The law can even encompass mere instances of shoplifting. Additionally, by punishing perpetrators before they accomplish their target crimes, burglary law often acts as a general law of attempts. Much of the law's expansion stems from adding the word "remaining" to many burglary statutes. This inclusion allows burglary convictions in circumstances in which a perpetrator enters a structure legally, but then "remains unlawfully." While this language has led to confusion among courts and legislatures about the scope of burglary, there is scant legal literature addressing this confusion. Scholars have yet to untangle the conflicting interpretations of unlawful remaining, and legislatures have failed to provide guidance that captures the nuances of burglary law. This Article unravels the complexities of burglary law and proposes a model statute that retains burglary law for its protective purposes, while also considering its problematic expansion. [ABSTRACT FROM AUTHOR]

Strict liability crimes--crimes that do not require a criminal intent--are outliers in the world of criminal law. Disregarding criminal intent risks treating the blameworthy the same as the blameless. In a different galaxy far, far away, mandatory sentences--sentences automatically imposed upon a criminal conviction--are unconstitutional in certain contexts for the exact same reason. Mandatory death sentences risk treating those who do not deserve death the same as those that might. Two completely separate contexts, two parallel rules of law. Yet courts and commentators have failed to see the similarities between these two worlds, leaving an analytical black hole. Indeed, equity in criminal sentencing may depend upon recognizing the connections between these parallel universes. This Article aims to fill this analytic gap, proposing a rethinking of mandatory sentences in light of the way criminal law treats strict liability crimes. Specifically, the Article argues that courts should reconceptualize mandatory sentences as a type of strict liability. To that end, it proposes a series of possible statutory and constitutional limits on mandatory sentences. [ABSTRACT FROM AUTHOR]

This article explains and identifies the existence of mens rea in the dissemination of news packaged into content through various social media platforms, implicitly containing hate speeches, so that it can be viewed as an electronic-based criminal offense uploaded either verbally or non-verbally. An ability to communicate within the scope of society in the use of language is not owned by everyone, especially in the era of social media where there are those who use language in an inappropriate way. For example, it is used for swearing, defamation, making fake news or hoaxes, threats, persecution speech, to hate speeches that can harm the interlocutor. This study aims to determine the existence of mens rea in the use of language about hate speech committed by individuals through social media platforms. Their point of view will be studied through the perspectives of criminal law. The study’s objective was to examine the use of language in individual uploads through several social media platforms that contain hate speech and ‘SARA in the context of criminal law. In sampling, the author uses descriptive qualitative research methods and legal research methods based on the available data. [ABSTRACT FROM AUTHOR]

This work comprehensively analyzes the legal definition of genocide. In so doing, it details the material and mental conditions that can lead to an individual's punishment for the commission of the crime of genocide. Further, it addresses some of the difficulties that have arisen when interpreting and applying the legal rule. To this end, this work starts by presenting the basic structure of the crime of genocide, and also the goals of its legal prohibition. It then concentrates on the material element (actus reus) of genocide, placing emphasis on two difficulties; namely, the notion of the group, and how to identify the four protected groups. In addition, the conduct prohibited by the Convention is detailed. This work then focuses on the mental element (mens rea) of the crime, examining each term from the Convention's formulation separately in order to better assess the concept of specific intent. This work then considers the meaning of article 30 from the ICC Statute. Ultimately, this work details the conventional definition of genocide and reveals some of the main interpretative challenges associated with it. [ABSTRACT FROM AUTHOR]

The purpose of this work is to carry out a critical analysis of the three crimes of sexual abuse incorporated into the Penal Code (PC) of Uruguay by the Law No. 19,580 (Law on Gender-Based Violence Against Women). These are the crime of sexual abuse (art. 272-BIS of the PC), the crime of especially aggravated sexual abuse (art. 272-TER of the PC) and the crime of sexual abuse without bodily contact (art. 273-BIS of the PC). In short, the purpose of this work is to determine the scope of each of these criminal figures, for which the elements common to all of them will be analyzed (protected legal property, subjects involved and criminal intent), as well as the particularities that each of these criminal types presents, highlighting the successes and errors presented by this new criminal legislation. [ABSTRACT FROM AUTHOR]

The article examines the influence of media coverage on criminal cases, offering insights from both Argentine and U.S. legal systems. It analyzes the impact of intense media attention on trial outcomes, explores mitigation measures implemented in the U.S. compared to Argentine regulations, and highlights the complexities of proving mens rea (criminal intent) amidst media scrutiny.

Copyright of Jurnalul Baroului Cluj is the property of Cluj Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The history of transferred malice is as long as that of the offence of murder with respect to how it was conceived and is traditionally applied. It ensures the maximum protection of human life, transferring mens rea away from the intended victim of the offence to the actual victim. The Italian Criminal Code in force places the rule in the 'General Part' of the law, formally enabling its application to every offence. The first part of this essay focuses on the development of transferred malice across the earlier criminal codes of the Italian kingdoms. Then, I present the highlights of the development of the academic debate at the time the criminal code in force was drafted. Finally, I claim the rule should be repealed because of its contradiction with European and domestic rules on victim protection and the strict liability principle in criminal matters. [ABSTRACT FROM AUTHOR]

The roots of South Africa's forensic mental health system are plagued by its colonial and apartheid legacy. Extensive forensic waitlists exist partly due to restrictive criminal justice legislation and an under-funded forensic mental health system, predicated largely on European norms and standards. There are several areas of concern in South Africa's forensic mental health system, which may be viewed as inequitable to Black Africans and other marginalized groups. Black Africans are over-represented in the forensic mental health system, and many defendants are not fluent in English – the official language of the courts. The absence of competency restoration can result in extended detention in forensic hospitals. People with intellectual disabilities are disproportionately targeted for sexual assault, and face significant barriers in attempts to achieve justice. Further, the colonial legacy of the rebuttable presumption of doli incapax (children presumed incapable of forming criminal intent) can affect determinations of children's criminal capacity. These issues warrant change, including introducing competency restoration, improving systems for testimony by sexual violence survivors with intellectual disabilities, reconsidering the rebuttable presumption in child justice matters, and using psychologists and outpatient evaluations to address the waitlists for forensic examinations. Comparisons are also made with US standards, challenges, and developments, especially in view of the authors' knowledge of both systems and the common challenges facing them. [ABSTRACT FROM AUTHOR]

Copyright of Hungarian Law Enforcement / Magyar Rendészet is the property of National University of Public Service and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The "hard cases" for the law relating to accomplices deal with the definition of what counts as aiding and abetting a crime. A retailer might sell a murder weapon in the ordinary course of business, while an accomplice might do nothing because their help was simply not needed. How do we distinguish between these cases? The Capitol Riot is a striking example of this sort of hard case because there were so many people involved in so many different and ambiguous ways. Outside of the conceptually easy cases of someone caught on camera making off with property or attacking officers, who should be found guilty of what? A lack of a rubric for answering these questions makes collective crimes like the Capitol Riot especially challenging for the law. Drawing on philosophy of action and game-theoretic reasoning, we develop a novel model of complicity built on the concept of standing in reserve and show how it helps to understand joint intention and responsibility in complex social situations, such as those where only a proper subset of participants may actively engage in the primary criminal act. This model of complicity is consistent with the fundamental normative commitments of criminal law, such as the central importance of mens rea and punishing only intentional actions. Standing in reserve thus offers a principled, coherent approach to identifying complicity in these hard cases. Through a series of applications, we show how the standing in reserve model sheds light on the Capitol Riot as well as related controversies including guilt by association, terrorism, and felony murder. [ABSTRACT FROM AUTHOR]

The article focuses on arguing against the imposition of life without the possibility of parole as a sentence for juveniles who commit felony murder, citing the inherent characteristics of juveniles such as immaturity. Topics include the origins and critiques of the felony murder rule, Supreme Court cases related to juvenile sentencing, and the impact of the Jones v. Mississippi decision on cases like Briones, where juveniles who committed felony murder.

This Article develops a new vision of mens rea by returning to a bygone era's conception of the guilty mind. The common law understanding Of mens rea is broad and moralistic: it encompasses all mental characteristics bearing on an actor's blameworthiness. Undertheorized and oft neglected, this "Guilty Minds" approach has been replaced with the Model Penal Code's reconceptualization of mens rea as the purpose, knowledge, recklessness, or negligence applicable to every element of a criminal offense. Modern criminal law's embrace of this narrower and more legalistic "PKRN" approach to mens rea has brought with it many well-known benefits. But there are also overlooked costs of divorcing mens rea doctrine from its moral foundations. This Article demonstrates how the Guilty Minds approach, once clarified and refined, can address these costs while revealing a promising new pathway for criminal law reform. Synthesizing a wide body Of experimental research, the Article transforms the historically vague Guilty Minds approach into a multidimensional model of culpability rooted in the community's sense of justice. Drawing on contemporary criminal theory, the Article then makes the moral philosophical case for viewing this reconceptualization of mens rea as a critical constraint on criminal liability. After identifying structural flaws in contemporary mens rea policies that violate this constraint, the Article proposes a novel statutory solution: an insufficient blameworthiness defense, which empowers factfinders to dismiss charges based upon a structured assessment of an accused's mitigating mental states. The Article argues that the proposed defense would be accessible to juries, administrable by courts, and harmonious with the PKRN approach-thereby providing all U.S. jurisdictions with an effective way to bolster mens rea protections in their criminal codes. [ABSTRACT FROM AUTHOR]

The article explores the history, revisions, and implementation of rape laws in the U.S. Topics discussed include the sexual offense under the U.S. Uniform Code of Military Justice (UCMJ) cited in the rape case U.S. v. Coble, the subjective lack of consent of rape survivors and the need to prove the mental state of the defendant, and the definition of aggravated rape according to the Maryland criminal law.

A person's criminal behavior differs from his usual actions in that it causes harm to protected relationships and has a public danger, but as in the ordinary behavior of the person, the criminal deed meets both mental and physical components which can be identified with „mens rea" and „actus reus", which in the Eastern European criminal doctrine are identified with the subjective side and the objective side of the crime. The features of the objective side of the concrete crime are described in the disposition of the corresponding article of the Special Part of the Criminal Code and compared to other elements in the criminal law norm are defined most fully. The objective element is the external manifestation of the crime, and in the case of the offense of assault, it is carried out through actions such as threats, intimidation, or the application of violence, in some legislations, it is necessary to demonstrate the achievement of the purpose of stopping the performance of the victim's duties. In the article, the author aims at identifying the similarity of the incrimination of assault in the legislation of European states to harmonize the legislation of the Republic of Moldova with international standards for the protection of public officials. [ABSTRACT FROM AUTHOR]

This study explores the challenges and opportunities for Artificial Intelligence to be criminally liable for offenses in the Indonesian Criminal Legal System. This study employed doctrinal legal research focusing on the legislation and various secondary legal sources of the relevant topics. It is argued that three (3) models of criminal responsibility for this matter, which depend on the role of the AI in the commission of a crime can be applied; (1) perpetration via another, (2) natural probable consequence, and (3) direct liability model. It is also not impossible for an A.I. to be pinned with criminal responsibility, as is the case with natural persons and corporations. The factual requirement, the actus reus, can be satisfied with no issue in the event that an A.I. operates its body parts to commit an act, including assault towards a person. The mental element or the mens rea, can be fulfilled by treating the systems of A.I. the same as the human brain; both A.I. and the human brain process and analyse information and data obtained through receptors. However, the challenge that may be raised is that no matter how logically a rule is set up, it holds no water if it is not approved or accepted by society. Unfortunately, it cannot be determined yet whether these models of punishment intended to be imposed upon A.I. will suit the needs of the society or not, as again, Indonesia is not in the realm of Society 5.0 yet, and thus the theory regarding the imposition of criminal responsibility, along with the types of sanction which may be pressed upon it, is still hypothetical. [ABSTRACT FROM AUTHOR]

The fight against corruption is a national and international primary concern for lawmakers and enforcement officials. Corporate criminal liability is an aberration of imputing criminal responsibility on a corporation against a natural person, which requires a combined effect of the actus reus and mens rea. A corporation incapable of committing a crime imputes corporate mens rea through its directors, senior managers or officers that constitute executive powers. In doing so, Malaysia uses the identification doctrine to impute mens rea. This article evaluated the most effective technique of establishing mens rea in dealing with modern corporate criminal responsibility. It used a doctrinal librarybased research method to review pertinent corporate criminal liability literature, cases and legislations. The journal articles, cases and legislations were collected and analysed according to the themes to achieve the research objective. It was discovered that Malaysia still uses identification doctrine to prove corporate mens rea, making it difficult and near impossible to find large and multinational corporations liable since the directing mind and will are not actively involved in the corporations' day-to-day operations. However, intention can still be imputed on the corporation based on its corporate culture. Hence, for section 17A of the MACC Act 2009 (2018 amendment) on bribery to be effective, there is a need for a shift from the use of identification doctrine in proving mens rea to corporate culture as that would balance the discrimination and unfairness of the identification doctrine and make it easier for large and multinational corporations to be charged with corporate criminal liability. [ABSTRACT FROM AUTHOR]

Insider trading, although might profit the offender himself, it nevertheless brings more harm to society than its benefits. Several elements need to be proved before a person can be convicted under insider trading. As this is not a strict liability offence, the elements of mens rea need to be proved and it is quite difficult to prove it by using direct evidence. Therefore, indirect evidence is produced before the court to charge a person with insider trading. This raises a question whether it is reliable and sufficient to hold a person liable under this offence. The objective of this research is to examine whether the circumstantial evidence may be accepted by the court in cases involving insider trading and to analyze how circumstantial evidence helps the court to decide the mens rea by deducing it from the offender's behavior at the time of the commission of the offence. Qualitative methodology using primary sources such as statutes and cases is used to analyze the application of circumstantial evidence by the courts while secondary sources referred to are academic books and articles. It is found that most of the judges accepted circumstantial evidence to prove the elements of insider trading. It helps the court to understand the state of mind of the offender, decide who is an insider and determine the type of information whether it is material and generally available to the public. This research suggests that circumstantial evidence is necessary to assist the courts in the cases. [ABSTRACT FROM AUTHOR]

It has long been believed that children lack the mental maturity and development to discriminate between right and bad behavior, and that they are incapable of judging their own behavior. They are unable to comprehend the repercussions of their acts. For instance, if a child hits someone with a stone while playing, they are unable to consider the possibility that this could cause them serious harm, possibly even death. It is practically hard to develop and align the child's mens rea and actus reus, therefore in such instances, we are unable to prosecute and punish the child under the appropriate offenses. This is mostly because it is difficult to establish the mens rea and the subsequent actus reus. Children should also be treated like children, not like adults, as they have not yet reached the mental, physical, or biological maturity necessary to comprehend the repercussions of their actions. “Therefore, through ages since the criminal laws have evolved, it has become a common notion that a child who lacked the capacity to understand the wrongfulness of his conduct could not be held criminally culpable” [ABSTRACT FROM AUTHOR]

The article focuses on the legal landscape surrounding felon-in-possession laws and the mens rea (guilty mind) requirement, particularly in light of the Rehaif v. United States case, which imposed a new mens rea requirement on the statute. It discusses the challenges in determining a defendant's knowledge of their felon status and proposes a standardized set of factors to analyze mens rea in these cases to prevent the wrongful conviction of innocent individuals.

School shootings occur on a regular basis in the United States. Fear of the next school shooting leads schools to take any potential threat of violence seriously, but responding to a threat can be extremely disruptive to a school's operations and the community that it serves. In the last five years, nine state legislatures have attempted to deter these threats by specifically criminalizing threats of violence against schools. Despite the proximity in time in which these states enacted school threat statutes, these laws diverge in two important ways: First, the nine statutes employ several different mens rea requirements. Second, these statutes impose a range of punishments, both in their classification as a felony or a misdemeanor and in the potential terms of imprisonment imposed. These differences mean that conduct may be a felony subject to a lengthy prison sentence in one state but may not even rise to the level of a crime in another state. Yet, the conduct at issue is similar across jurisdictions: most school threat offenders are juvenile students, and many of the threats are made digitally, whether over social media or text message. This Note argues that the disparity in mens rea requirements and wide range of potential punishments in these recent school threat statutes are problematic. After analyzing and comparing these nine statutes, this Note makes two key recommendations for drafting a model school threat statute for future legislatures: First, a knowledge mens rea requirement sets an adequate threshold to distinguish between innocent and criminal conduct. Second, a misdemeanor offense punishable by up to six months' imprisonment is a sufficiently harsh criminal sanction. As juveniles are unlikely to respond to the deterrent message of these laws, and excessive prison terms have negative effects on juveniles, imposing a longer punishment for school threat offenses is unwarranted. [ABSTRACT FROM AUTHOR]

Burglary is, as Dame Victoria Sharp noted, "an offence that is very different in kind to aggravated trespass" and unlike the latter, it 'did not therefore "build" on or "grow out of" the tort of trespass in the way that aggravated trespass did and was designed to do' (at [49]). Does Aggravated Trespass Require Proof of Mens Rea in Relation to the Trespass? The trial judge proceeded to find that the offence of aggravated trespass requires proof of knowledge or recklessness in relation to the trespass, and accordingly acquitted the respondents. [Extracted from the article]

The article focuses on remains of exceptionalism in criminal law and criminal sanction still flourishes even in its harshest form of life imprisonment. It mentions criminal punishment also requires a subjective element underlying the offender's behaviour and his mens rea with intention or knowledge, sometimes recklessness or at least some form of negligence. It also mentions powers to arrest and hold a person in custody are subject to habeas corpus controls by judicial authorities.