blameworthiness


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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.
THE ECONOMIC LOSS DOCTRINE IN ALASKA AND THE DESIGN PROFESSIONAL EXCEPTION
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.
"Loss" revisited: A defense of the centerpiece of the federal economic crime sentencing guideline
14) It can increase the degree of an otherwise-blameworthy agent's blameworthiness, and it can change the scope of an agent's blameworthiness.
Resisting tracing's siren song
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.
Judicial independence and the rationing of constitutional remedies
Participants were asked to make punishment and blameworthiness decisions in a series of scenarios in which a suspect committed a crime.
How Your Brain Decides Blame and Punishment
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.
Gender role incongruence and the adjudication of criminal responsibility
useful role in determining the moral blameworthiness of those who
National security information disclosures and the role of intent
categories, they locate criminal blameworthiness in defendants'
Deviance, aspiration, and the stories we tell: reconciling mass atrocity and the criminal law
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.
Illinois murder jurisprudence in the absence of capital punishment
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.
Canadian Teenage Mastermind Of Prostitution Ring Gets Adult Sentence
Keegan had been convicted of "serious'' crimes and that her sentence needed to reflect "the blameworthiness of the underlying crime and its intolerability.
Woman avoids jail for Medicaid home-care fraud
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.
The sentencing of aboriginal accused with FASD: a search for different pathways

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