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NCJ Number: 39118 Find in a Library
Title: THOUGHTS ON CRIMINAL RESPONSIBILITY
Author(s): E DASKALAKIS
Date Published: 1975
Page Count: 102
Sponsoring Agency: Presses Universitaries de France
Paris, France
Sale Source: Presses Universitaries de France
108, Boulevard Saint-Germain
Paris,
United States of America
Language: French
Country: France
Annotation: THIS MONOGRAPH ANALYZES THE CONCEPT OF CRIMINAL CULPABILITY AND ITS RELATIONSHIP TO IGNORANCE OF THE LAW.
Abstract: THE AUTHOR POINTS OUT THAT THE USUAL INTERPRETATION OF CULPABILITY RESTS ON THE VALUE JUDGMENT THAT A PERSON HAS COMMITTED A CRIME, ALTHOUGH HE COULD HAVE CHOSEN NOT TO COMMIT IT. THE POSSIBILITY THAT THE CRIME COULD HAVE BEEN AVOIDED IS BASED NOT ON THE CAPACITY OF THE INDIVIDUAL OFFENDER, BUT RATHER ON HOW THE 'AVERAGE MAN' WOULD HAVE REACTED UNDER SIMILAR CIRCUMSTANCES. THUS, THE CONCEPT OF CULPABILITY IS FOUNDED ON THE JUDGMENT THAT SINCE AN A AVERAGE MAN COULD HAVE AVOIDED COMMITTING THE CRIME, THE DEFENDANT SHOULD ALSO HAVE AVOIDED IT. THE FACT THAT HE DID NOT INDICATES THAT HE DID NOT BEHAVE IN A NORMAL MANNER. IT THEREFORE, FOLLOWS THAT CULPABILITY CONSISTS IN ESTABLISHING THE 'SUB-SOCIALITY' (SUB-SOCIALITE) OF THE PERSON IN QUESTION. THE ONLY GOAL OF PUNISHMENT, THEN, CAN BE THE RAISING OF SOCIAL AWARENESS TO THE LEVEL OF THE AVERAGE MAN. FOLLOWING THIS RATIONALE, IGNORANCE OF THE LAW WILL HAVE AN EXONERATING EFFECT EVERY TIME THAT KNOWLEDGE OF THE LAW EXCEEDS THE CAPACITY OF THE AVERAGE MAN. (AUTHOR ABSTRACT MODIFIED) --IN FRENCH...ELW
Index Term(s): Accountability; Criminal responsibility; Theory
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39118

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