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Essays in Criminal Law in Honour of Sir Gerald Gordon$
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James Chalmers and Fiona Leverick

Print publication date: 2010

Print ISBN-13: 9780748640706

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748640706.001.0001

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The Mental Element in Modern Criminal Law

The Mental Element in Modern Criminal Law

Chapter:
(p.141) 9 The Mental Element in Modern Criminal Law
Source:
Essays in Criminal Law in Honour of Sir Gerald Gordon
Author(s):

Peter Ferguson QC

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748640706.003.0020

The principle of mens rea is directed at answering any individual legal system's question: who deserves punishment? It is chiefly that point which is considered in this chapter in light of, first, recent judicial discussions of mens rea and its content, especially recklessness, and second the general approach taken by the authors of the Draft Criminal Code for Scotland to the mental element in crime.

Keywords:   Scots criminal law, mens rea, Draft Criminal Code for Scotland, punishment, recklessness

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