Still, in a world where rights and wrongs swim in a sea of greys, the reasonable person
standard is the best we have to balance consistency in the law with the nuances of life.
course, the reasonable person does enter the story, but only in a way
Moderation and mutuality go hand in hand in the reasonable person.
The trend is therefore that, following this hybrid standard, particular characteristics of the defendant--physical and others--are infused into the reasonable person standard.
Accordingly, as Richard Singer (17) highlights, reliance on the fictional standard of the reasonable person takes us away from the mental culpability, which is a necessary condition to punish individuals.
The average person does not feel the way the Court believes a reasonable person would, even though the reasonable person
in law should resemble the average person in reality.
The reasonable person
standard can also be written in terms of the first-order condition; that is, [x.
whether the judge would appear biased to the reasonable person
In a reversal of the modern trend of the Missouri Courts of Appeals, the Missouri Supreme Court recently eliminated the reasonable person
standard for determining satisfaction of the something more test.
For example, section AB--Demographic Information, questions 9 and 10, in which historic mental illness and mental retardation and developmental disabilities are noted--could apply to the use of the Reasonable Person
Concept, while Section B--Cognitive Patterns--validates the resident's inability to respond appropriately or to correctly and effectively interpret and communicate with others.
Kamir argues that this use of the reasonable person
standard to test the rationality of the victim's fear places the victim in the place usually occupied by the person on trial--it subtly suggests the victim's guilt by judging her emotional reactions to determine if they were "reasonable" (pp.
Similar to a criminal charge, the court in a lawsuit will take into account the perspective of the reasonable person
when deciding if a player has deliberately or recklessly injured another player.