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Full-Text Articles in Law
A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello
A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello
Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello
McGeorge School of Law Scholarly Articles
When courts invoke the reasonable person as a means to assess culpability, they attribute to the standard some but not all of the objective and subjective characteristics of the accused. The Model Penal Code provides little guidance because the drafters intentionally punted on the issue, leaving line-drawing to the courts. This Article examines four classic self-defense cases and concludes that the courts have not drawn consistent lines regarding exactly which characteristics should be imparted to the reasonable person. The Article examines the most prominent areas of deviation and observes that fundamental inconsistencies within our societal notions of fault and punishment …