Understanding Guilt and Criminal Intent in Legal Theory
Classified in Philosophy and ethics
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The Concept of Guilt in Criminal Law
In a broad sense, guilt is the set of assumptions that underlie the personal blameworthiness of illegal behavior.
Theories of Guilt
- Normativist Theory: Guilt is the reproach made to the perpetrator of a criminal offense, linking them through a psychological motivation. This theory considers the extent to which the perpetrator's behavior was known or knowable, and whether they could have been required to proceed in accordance with the rules.
- Psychological Theory: Guilt is conceptualized as the psychic mode of the perpetrator's behavior, grounding criminal responsibility from the perspective of their capacity, knowledge, and freedom of determination.
Dolo (Criminal Intent)
Dolo, as identified in Article 34, Section... Continue reading "Understanding Guilt and Criminal Intent in Legal Theory" »