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A court may instruct the jury to consider guilt only the alleged offenses, in the case of a person accused of murder, rather than any lesser offenses. Juries shall not be informed of their right to decide the law; however this does not prevent them from doing so.
Some Character-Types Met within Psycho-Analytic Work is an essay by Sigmund Freud from 1916, comprising three character studies—of what he called 'The Exceptions', 'Those Wrecked by Success' and 'Criminals from a Sense of Guilt'.
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole ...
Just Mercy: A Story of Justice and Redemption (2014) is a memoir by American attorney Bryan Stevenson that documents his career defending disadvantaged clients. The book, focusing on injustices in the United States judicial system, alternates chapters between documenting Stevenson's efforts to overturn the wrongful conviction of Walter McMillian and his work on other cases, including children ...
Motive cannot normally be a defense. If, for example, a person breaks into a laboratory used for the testing of pharmaceuticals on animals, the question of guilt is determined by the presence of an actus reus, i.e. entry without consent and damage to property, and a mens rea, i.e. intention to enter and cause the damage. That the person might ...
Philosophically, guilt in criminal law reflects a functioning society and its ability to condemn individuals' actions. It rests fundamentally on a presumption of free will, such as from a compatibilist perspective (as in the U.S.A.), in which individuals choose actions and are, therefore, subjected to the external judgement of the rightness or wrongness of those actions.
An appeal to pity (also called argumentum ad misericordiam, the sob story, or the Galileo argument) [1] [2] is a fallacy in which someone tries to win support for an argument or idea by exploiting one's opponent's feelings of pity or guilt.
Guilt is the emotion that is experienced when an individual violates an internalized moral, ethical or religious belief. Guilt's effect on persuasion has been studied only cursorily. Not unlike fear appeals, the literature suggests that guilt can enhance attainment of persuasive goals if evoked to a moderate degree. [31]