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Questions and Answers
What is the primary focus of the social theory of action in criminal law?
What is the primary focus of the social theory of action in criminal law?
How does the Dutch doctrine of functional perpetration differ from traditional views of criminal liability?
How does the Dutch doctrine of functional perpetration differ from traditional views of criminal liability?
What is meant by 'normative criteria' in the context of the social theory of action?
What is meant by 'normative criteria' in the context of the social theory of action?
What role does social rank play in assigning criminal liability?
What role does social rank play in assigning criminal liability?
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Which doctrine is associated with the concept of hegemony over the act in regard to criminal responsibility?
Which doctrine is associated with the concept of hegemony over the act in regard to criminal responsibility?
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What aspect of criminal liability is emphasized by the inclusion of social context in evaluating actus reus?
What aspect of criminal liability is emphasized by the inclusion of social context in evaluating actus reus?
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In which system is there still formal adherence to the causal theory of action?
In which system is there still formal adherence to the causal theory of action?
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What shift does modern criminal liability reflect regarding the responsible parties in a crime?
What shift does modern criminal liability reflect regarding the responsible parties in a crime?
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What difficulty arises when determining liability in cases of impaired consciousness?
What difficulty arises when determining liability in cases of impaired consciousness?
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In the case of R v Quick, what was the nature of the defense used by the defendant?
In the case of R v Quick, what was the nature of the defense used by the defendant?
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What characteristic is relevant when assessing the culpability of a person committing acts while sleepwalking?
What characteristic is relevant when assessing the culpability of a person committing acts while sleepwalking?
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Why might courts exhibit leniency in cases involving mental illness but not insanity?
Why might courts exhibit leniency in cases involving mental illness but not insanity?
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Which of the following scenarios exemplifies a potential case of automatism?
Which of the following scenarios exemplifies a potential case of automatism?
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How does the concept of conduct requirement relate to public protection and fairness to individuals?
How does the concept of conduct requirement relate to public protection and fairness to individuals?
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In R v Parks, what factors contributed to Kenneth Parks's actions during the event?
In R v Parks, what factors contributed to Kenneth Parks's actions during the event?
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Which of the following statements reflects a common misconception about temporary unconsciousness in legal contexts?
Which of the following statements reflects a common misconception about temporary unconsciousness in legal contexts?
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What is a primary reason that conduct without voluntary control cannot be considered criminally relevant?
What is a primary reason that conduct without voluntary control cannot be considered criminally relevant?
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In the scenario where Rob is pushed by Peter and injures Carl, who would likely bear criminal responsibility?
In the scenario where Rob is pushed by Peter and injures Carl, who would likely bear criminal responsibility?
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Which of the following best illustrates the concept of 'vis absoluta' in criminal law?
Which of the following best illustrates the concept of 'vis absoluta' in criminal law?
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What are the two main ways a person can lose voluntariness in their conduct?
What are the two main ways a person can lose voluntariness in their conduct?
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Which of the following actions is least likely to be considered a product of voluntary control?
Which of the following actions is least likely to be considered a product of voluntary control?
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Which principle would likely apply if a person suffers from an externally induced condition that affects their behavior?
Which principle would likely apply if a person suffers from an externally induced condition that affects their behavior?
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When can an event be considered an 'accident' in relation to criminal liability?
When can an event be considered an 'accident' in relation to criminal liability?
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How does a victim's conduct potentially impact the assessment of criminal liability?
How does a victim's conduct potentially impact the assessment of criminal liability?
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Study Notes
Chapter V: Commission Versus Omission
- Criminal liability requires some form of conduct
- Traditional legal doctrine focuses on positive action
- Act requirement is often referred to as fundamental requirement
- Criminal justice systems frequently punish omissions, not just actions
- Offences of commission and omission are both discussed
Chapter VI: Causation
- When harm occurs, there is an intuitive questioning of what caused it and responsibility
- Causal reasoning is vital in everyday life and scientific contexts
- Criminal liability's essential task is to distinguish human causes from accidents
- The doctrine of causation distinguishes human actions from other causes
- Individuals are considered responsible agents
- The doctrine is used to determine whether a harm/result is from a criminal event/action
- Causation plays a role in many crimes, not just homicide
- Causation can be a complex issue in criminal law, due to various contributing factors, and a cause can have more than one result, and one result more than one cause
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