 | Abraham S. Goldstein - 1967 - Страниц: 304
...reasonable explanation or excuse." However, "the reasonableness of such explanation or excuse [is to be determined] from the viewpoint of a person in the...under the circumstances as he believes them to be." The comments recognize that "a larger element of subjectivity" has been introduced but "the ultimate... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1971 - Страниц: 1874
...or emotional disturbance for which there is reasonable explanation or excuse," with reasonableness determined "from the viewpoint of a person in the...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 in mitigation based... | |
 | Alan A. Stone, Clifford D. Stromberg - 1975 - Страниц: 284
...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... | |
 | United States. Congress. House. Committee on the District of Columbia - 1977 - Страниц: 1096
...actor's true mental state, the Model Penal Code proposal requires that the reaonableness of the excuse "be determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be." The root cause of the Model Penal Code's somewhat convoluted language... | |
 | Franklin E. Zimring, Gordon Hawkins - 1989 - Страниц: 220
...influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall...under the circumstances as he believes them to be." Id. at 43. 2. Wechsler & Michael, "A Rationale of the Law of Homicide," 37 Colum. L. Rev. 704, 705... | |
 | Richard B. Brandt - 1992 - Страниц: 416
...influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall...under the circumstances as he believes them to be." Strong emotional disturbance is known to primitivize thinking (much as does alcohol). A state of anger... | |
 | Carolyn R. Block, Richard L. Block - 1994 - Страниц: 248
...influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. The reasonableness of such explanation or excuse shall...under the circumstances as he believes them to be. Relative to "the actor's situation," Low, Jeffries, and Bonnie (1982:827-28) cite the famous case of... | |
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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... 
