Learning Criminal Law - The Disparate Elements of Criminal Culpability
Friday, 9 November 2012
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Mens rea within the law dates back centuries. See generally Paul H. Robinson, A Brief History of Distinctions in Criminal Culpability, 31 HASTINGS L.J. 815, 815-853 (1979-1980). This article will briefly address the historical periods and the common law processes involved in developing these distinctions between culpable mental states.
Robinson traced the legal trends over a period of about thirteen centuries:
6th Century: Crimes defined without a culpable mental element 10th
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Criminal
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Culpability
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Disparate
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Elements
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Learning