Mens Rea in the criminal law of the United States of America
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In the monograph, for the first time in Russian literature, an attempt is made to consider in a historical manner, using the example of the United States of America, one of the central categories of Anglo-American criminal law - the category of mens rea as a subjective component of a criminal act. Until today, the issue of mens rea has been considered in the Russian science of criminal law only at the level of particular issues, while a comprehensive understanding of the category of mens rea, which is completely different from the Russian category of guilt, not only deepens our knowledge of foreign law, but can also be seen in a different light reflect the advantages and disadvantages of traditional ideas about the subjective side of crime in the domestic doctrine. Adhering to a historical-dogmatic approach, the author examines in detail the origins of mens rea in English common law; the reception of the latter by American law and further milestones in the development of the mens rea category on American soil. Without limiting himself to purely theoretical issues, the author seeks to show the practical application of doctrinal concepts in American law through the example of the doctrine of legal error, capital murder under the felony rule, and the procedural aspects of proving mens rea. Particular attention is paid to the analysis of the Model Criminal Code of 1962 and modern American criminal legislation. For scientists and practitioners, students and graduate students, as well as everyone interested in the theory and practice of foreign criminal law and its history.
Data sheet
- Name of the Author
- Геннадий Есаков Александрович
- Language
- Russian