by bedyw25 » Thu Apr 26, 2012 7:02 pm
It is often said that the exercise of FREE WILL forms the primary basis for attracting criminal liability. Explain whether this is true or not by drawing on ONE example from each of the topics we discussed in class (actus reus/mens rea, defences, and sentencing). If you agree that the criminal law is largely concerned with the exercise of free will, do you think this focus is justifiable? What - if anything - is lacking in this conception of criminal responsibility, and what alternatives would you like to see?