Information om | Engelska ordet BLAMEWORTHINESS

Exempel på hur man kan använda BLAMEWORTHINESS i en mening

• The terms actus reus and mens rea developed in English Law are derived from a principle stated by Edward Coke, namely, actus non facit reum nisi mens sit rea, which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action.
• As Canadian criminal law aims to maintain proportionality between the stigma and punishment attached to a conviction and the moral blameworthiness of an offender, in R v Martineau the Supreme Court of Canada held that it is a principle of fundamental justice under sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms that a conviction for murder requires proof beyond a reasonable doubt of a subjective foresight of death.
• The Court has limited the death penalty to offenders who commit the "most serious crimes" and who are "the most deserving of execution" based on their culpability and blameworthiness.
• She went on to say that since causation is largely fact-driven the judge should have the discretion to rephrase the test as the facts warrant giving the example of Harbottle where, given the high degree of blameworthiness and stigma of the charge, the test was formulated as "a substantial cause".
• The second is the culpability principle; that punishment should be in proportion to the harmfulness and blameworthiness of an offender's actions.
• Ruling that the presumption of diminished moral blameworthiness for young persons was a principle of fundamental justice under section 7 of the Charter of Rights and Freedoms and that the impugned provisions unconstitutionally deprived them of their liberty by presuming their moral blameworthiness to be equivalent to adults.
• Arpaly engages with (and attempts to refute) a number of prominent philosophers who have dealt with the issue previously (including Kant and Aristotle), but focuses foremost on developing her own theory of praiseworthiness, one in which people are praiseworthy or blameworthy for their acts in a way that varies with their moral motivations, and (in the case of blameworthiness) with the amount of their moral indifference.
• It had no regard for the voluntariness of the accused's conduct, it had no criterion for objective foreseeability, so people could theoretically be charged for unforeseeable automatism that results from legal or prescribed substances, and by substituting intent to get intoxicated with the intent to commit the predicate offence, it could lead to disproportionate punishments that don't reflect the accused's moral blameworthiness.

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