 | Abraham S. Goldstein - 1967 - 304 strani
...reasonable explanation or excuse." However, "the reasonableness of such explanation or excuse [is to be determined] from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be." The comments recognize that "a larger element of subjectivity" has been introduced... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1971 - 1874 strani
...or emotional disturbance for which there is reasonable explanation or excuse," with reasonableness determined "from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be."98 The purpose was explicitly to give full scope to what amounts to a plea... | |
 | Alan A. Stone, Clifford D. Stromberg - 1975 - 284 strani
...explanation or excuse" (66). The Code is doubly subjective in that it requires the excuse be evaluated "from the viewpoint of a person in the actor's situation under the circumstances as he believed them to be" (67). But this is a situational and not a personal exculpation, and it is not... | |
 | Franklin E. Zimring, Gordon Hawkins - 1989 - 220 strani
...which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be." Id. at 43. 2. Wechsler & Michael, "A Rationale of the Law of Homicide," 37... | |
 | Richard B. Brandt - 1992 - 416 strani
...which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be." Strong emotional disturbance is known to primitivize thinking (much as does... | |
 | Carolyn R. Block, Richard L. Block - 1994 - 248 strani
...there is a reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be. Relative to "the actor's situation," Low, Jeffries, and Bonnie (1982:827-28)... | |
 | Deborah L. Rhode - 2003 - 324 strani
...the emotional disturbance, it insists that "[t]he reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be" — a subjective, rather than an objective, test of reasonableness. Model Penal... | |
 | George P. Fletcher - 2000 - 930 strani
...same point made as a rationale for denying excuses, §10.3.3 mfra. 31 Homicide Act 1957, c. 11, §3. the viewpoint of a person in the actor's situation under the circumstances as he believes them to be."32 Lest anyone fear that individuation of the inquiry would lead to the indulgent... | |
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... committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation... 
