Does Punishment for 'Culpable Indifference' Simply Punish for 'Bad Character'? Examining the Requisite Connection between Mens Rea and Actus Reus | Zendy

Kenneth W. Simons | Zendy

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Does Punishment for 'Culpable Indifference' Simply Punish for 'Bad Character'? Examining the Requisite Connection between Mens Rea and Actus Reus

Author(s) -

Kenneth W. Simons

Publication year - 2002

Publication title -

ssrn electronic journal

Language(s) - English

Resource type - Journals

ISSN - 1556-5068

DOI - 10.2139/ssrn.323400

Subject(s) - mens rea , punishment (psychology) , character (mathematics) , connection (principal bundle) , criminology , psychology , law , criminal law , political science , social psychology , engineering , mathematics , geometry , structural engineering

220 I. The Problem, in More Detail 229 II. Connection Requirements for Conventional Mental States234 A. Connecting the Actor’s Purpose or Desire with His Acts 235 B. Connecting the Actor’s Knowledge or Reckless Belief with His Acts247 C. Connecting the Actor’s Negligence with His Acts 257 III. Connection Requirements for Culpable Indifference 259 A. Introduction: Two Culpable Indifference Criteria 259 1. Idealized Criterion262 2. Cognitive Counterfactual Criterion 264 B. The Cognitive Counterfactual Criterion: Further Analysis 267

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