| 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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