The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA

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Kalantari Kayumarth; REZAII REZA; MOSLEHI JAVAD

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Journal: CRIMINAL LAW DOCTRINES Year:2017 | Volume:- | Issue:13 Page(s): 3-32

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Title

The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA

Author(s)

Kalantari Kayumarth | REZAII REZA | MOSLEHI JAVAD | Issue Writer Certificate

Keywords

ConsciousnessQ2

AttentionQ1

Mens rea element (the mental element in crime)Q1

MurderQ2

Iran and USAQ1

Abstract

In the law of Iran, the legislature has accepted “ Consciousness and Attention” merely in Murdering as the criterion of the mental element in the crime of Murder merely in conducts resulting in Murdering besides intent. The absence of each of them causes inapplicability of the committed conducts to Murder and therefore, it causes the other forms of it meaning negligence homicide and manslaughter. Every of them have its specific meaning: Consciousness is intrinsic (dhati) knowledge or conceptual knowledge (‘ ilm al-husuli) to the conduct (behavior) that causes Murder typically or individually or because of its situation and circumstances and the caution (Attention) observes the offender at the definite time and place with respect to a matter. The presence of Consciousness (knowledge) is not a reason for the presence of caution (Attention) and also caution (Attention) is not a reason for the presence of Consciousness (knowledge). Although the knowledge of the perpetrator due to the possibility of the occurrence of the crime of Murder and the subject of the crime is necessary to occur mens rea in the criminal regulations (statutes) and jurisdiction of the United States, the extreme negligence of the perpetrator due to the existent circumstances and situations and the possible consequences of the behavior (act) leads the perpetrator to be convicted of Murder. In other word, the necessary mens rea element for happening Murder in the United States in a form is more extension than Iran as besides intention or knowledge of wrongdoing and the possibility of Murdering, the extreme negligence is placed in this area.

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APA: Copy

Kalantari, Kayumarth, REZAII, REZA, & MOSLEHI, JAVAD. (2017). The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA. CRIMINAL LAW DOCTRINES, -(13 ), 3-32. SID. https://sid.ir/paper/216097/en

Vancouver: Copy

Kalantari Kayumarth, REZAII REZA, MOSLEHI JAVAD. The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA. CRIMINAL LAW DOCTRINES[Internet]. 2017;-(13 ):3-32. Available from: https://sid.ir/paper/216097/en

IEEE: Copy

Kayumarth Kalantari, REZA REZAII, and JAVAD MOSLEHI, “The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA,” CRIMINAL LAW DOCTRINES, vol. -, no. 13 , pp. 3–32, 2017, [Online]. Available: https://sid.ir/paper/216097/en

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