The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA

Document Type : Original Article

Authors

1 (Associate professor at University of Mazandaran)

2 (A PhD student of Criminal Law & Criminology)

Abstract

In the law of Iran, the legislature has accepted “consciousness and attention” merely in murdering as the criterion of the mental element in the crime of murder merely in conducts resulting in murdering besides intent. The absence of each of them causes inapplicability of the committed conducts to murder and therefore, it causes the other forms of it meaning negligence homicide and manslaughter. Every of them have its specific meaning: consciousness is intrinsic (dhati) knowledge or conceptual knowledge (‘ilm al-husuli) to the conduct (behavior) that causes murder typically or individually or because of its situation and circumstances and the caution (attention) observes the offender at the definite time and place with respect to a matter. The presence of consciousness (knowledge) is not a reason for the presence of caution (attention) and also caution (attention) is not a reason for the presence of consciousness (knowledge). Although the knowledge of the perpetrator due to the possibility of the occurrence of the crime of murder and the subject of the crime is necessary to occur mens rea in the criminal regulations (statutes) and jurisdiction of the United States, the extreme negligence of the perpetrator due to the existent circumstances and situations and the possible consequences of the behavior (act) leads the perpetrator to be convicted of murder. In other word, the necessary mens rea element for happening murder in the United States in a form is more extension than Iran as besides intention or knowledge of wrongdoing and the possibility of murdering, the extreme negligence is placed in this area.
 

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