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Harm And Victim Age As Factors In The Determination Of Intentionality And Culpability, Donal David Barnard Jr.

Dissertations, Theses, and Capstone Projects

In the United States criminal justice system, jurors are directed to determine a defendant’s guilt beyond a reasonable doubt by establishing both the act of committing a crime (actus reus) and the culpable mental state of the defendant (mens rea), that is, the defendant’s intentionality. The role of a juror in a criminal case is that of a factfinder, deciding whether the two elements of the crime have been met. Criminal cases where jurors are asked to decide the facts vary in the harm that resulted. The more severe the harm, the greater the perceived injustice. This …