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Using future harm and moral blameworthiness factors will typically favor plaintiffs against design professionals, but in cases with non-design professionals, the factors will likely favor the non-design professionals.
65) In all these instances, the law is making statements about the moral connection between risk and blameworthiness, saying, in effect, that one who consciously chooses evil cannot fairly complain if he is blamed and punished for harm that actually resulted from his choice and was within the zone of foreseeable risk.
14) It can increase the degree of an otherwise-blameworthy agent's blameworthiness, and it can change the scope of an agent's blameworthiness.
125) That is, it extended the fault role (understood once more not as a demand for blameworthiness but rather a gross form of constitutional error) to facilitate threshold dismissal.
Participants were asked to make punishment and blameworthiness decisions in a series of scenarios in which a suspect committed a crime.
2) In high profile cases there appears to be a public discourse weighing the defendant's blameworthiness against his or her threat to society, which is fueled by the media's misrepresentation of the connection between mental illness and violence.
useful role in determining the moral blameworthiness of those who
categories, they locate criminal blameworthiness in defendants'
When creating blameworthiness distinctions based solely on mens rea, the Pennsylvania Approach "sometimes gets it backward, punishing lesser crimes more severely and depreciating the seriousness of more blameworthy offenses.
He said the Youth Criminal Justice Act takes reduced maturity, greater dependency and diminished moral blameworthiness of a youth into account, but a youth contradicts such characteristics at times.
Keegan had been convicted of "serious'' crimes and that her sentence needed to reflect "the blameworthiness of the underlying crime and its intolerability.
88) I would go a little further than Lippke in the sense that retributive sentencing needs to be attenuated not just by the prospective harm stemming from the criminal sanction that an Aboriginal accused with FASD will face, but also by the fact that the Aboriginal accused with FASD has likely already been harmed by Canadian colonialism before ever getting charged, and has diminished moral blameworthiness as a result.