Mens Rea: Subjectivity vs. Objectivity and Recklessness Flashcards
What does Subjective Culpability focus on?
The defendant’s state of mind at the time of the act
Requires proof of what the defendant actually thought or intended.
List the key elements of Subjective Culpability.
- Intention
- Knowledge
- Belief
Give an example of Subjective Culpability.
A person who intentionally sets a building on fire knowing people are inside.
What does Objective Culpability focus on?
What a reasonable person would have foreseen or done in the same situation.
List the key elements of Objective Culpability.
- Negligence
- Determined by community standards or jury assessment
Define Recklessness.
A conscious decision to take an unjustified risk or a failure to foresee a risk a reasonable person would.
What is the difference between Subjective and Objective Recklessness?
- Subjective Recklessness: Did the defendant actually foresee the risk?
- Objective Recklessness: Would a reasonable person have foreseen the risk?
What was the principle established in Cunningham regarding Recklessness?
Recklessness depends on whether the defendant actually foresaw the risk and chose to act anyway.
What did Caldwell introduce regarding Recklessness?
Objective Recklessness, applying the standard of a reasonable person regardless of the defendant’s actual mindset.
What was the outcome of Elliot v C concerning Objective Recklessness?
Liability imposed based on the reasonable person test, despite the defendant’s capacity limitations.
What principle did R v G establish about Recklessness?
Recklessness requires proof that the defendant actually foresaw the risk and acted regardless.
What principle was established in People (DPP) v Murray regarding Recklessness?
Recklessness may be assessed either subjectively or objectively, but courts in Ireland tend to favour subjective recklessness.
What does Reckless Endangerment require according to People (DPP) v Cagney and McGrath?
Subjective awareness of the risk.
What principle was established in Clifford v DPP regarding offensive conduct?
Must involve subjective foresight of the risk.
In People (DPP) v CO’R, what does Recklessness in Rape Cases involve?
Considering the possibility of non-consent and proceeding regardless.
