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Pastimes : SEC Investigations /Lawsuits - Let's keep SI stds up
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To: QuietWon who wrote ()3/13/1999 5:03:00 PM
From: QuietWon   of 117
 
Mental state considerations: Determining Reasonableness
1) why insist on reasonableness, by trier of fact? eg. in self-defense, isn't it
sufficient that D honestly believed in imminent danger of bodily harm?
a) inspires cautions / reflection / prudent deliberation BUT
i. prudent deliberation unlikely in some situations (self-defense
no time to reflect and brain's capacity to do so is limited)
ii. some can't discern and meet standard of reasonable behavior
(eg. young kids; physically and mentally disabled)
- so std. modified to R.P. under similar circumstances
(eg. R. blind person, R. child person)
b) helps resolve "choice of innocents" dilemmas (Courvoisier)
i. D honestly mistakenly uses self-defense. If act reasonable, D
privileged as "ordinary" person would so same. If act
unreasonable, P's arg. more compelling
2) to what extent should R.P. std. be contextualized? eg. person's disposition
(timid, aggressive) / personality traits considered inherent characteristics
a) law must draw line on context, but line often waivers, imprecise
i. eg. battered spouse in self-defense. Argue for R. battered
spouse std.

b) contextualizing to great extent
i. defeats jury's ability to use its collective experience as proxy
for reasonable conduct
ii. defeats expectation of "certain avg. of conduct" from society
despite individual circumstances, histories, peculiarities
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