Read e-book online A Pragmatic Analysis of Legal Proofs of Criminal Intent PDF

By Sol Azuelos-Atias

ISBN-10: 9027227160

ISBN-13: 9789027227164

ISBN-10: 9027292159

ISBN-13: 9789027292155

A practical research of felony Proofs of felony cause is a close research of proofs of legal rationale in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative innovations utilized by Israeli legal professionals and judges to be able to study the defendant’s goal. There may be without doubt that this topic is necessary of an intensive research. A person’s goal is a mental phenomenon and for that reason, except the defendant chooses to admit his rationale, it can't be confirmed without delay – both by means of facts or through witnesses’ tales. The defendant’s purpose has to be inferred often from the general conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures could be taken under consideration. The linguistic research of those inferences awarded here's unavoidably finished: it calls for attention of a number of theoretical frameworks together with speech act thought, discourse research, argumentation thought, polyphony idea and textual content linguistics.

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80/91, Ind. 3 beat Fahed, using an ashtray he found on the place. c. 80/91, Ind. 5, my emphasis, my translation – see Appendix 1). The prosecution pointed out that the defendants arrived at the apartment together, and assaulted the complainant immediately. In his concluding speech, the representative of the prosecution based his argument concerning the simultaneity of the defendants’ entering the apartment and the breaking out of the fight on the testimony of the woman (Carmella) who was there at that time, as follows: From her testimony, it appears that the accuseds entered the apartment, and when she entered the living room she saw them beating the complainant, who was trying to protect his head with his hands.

Legal discourse accepts the principle that adjacency in time and place between an action and an event is a necessary condition for regarding the action as the cause of the event. It is assumed that a person’s intentions are simultaneous or nearly simultaneous (in space-time) with the person’s actions. . 1 above. ), his behaviour, and the harmful results (which are attributable to such conduct from the point of view of criminal responsibility)10 (see Feller 1984: 371–454, 746–794). Therefore, each party endeavours to characterize the connection between these three factors (state of mind, conduct and results), in accordance with the party’s role and purpose in the discourse.

If the elements took place separately – namely, at different times – no offence has crystallized. Saying that the elements of the offence must take place simultaneously does not mean that both elements must take place at the same time but that there should be a reciprocal dependence between them – each element should take place at the time reclaimed by the definition of the offence. For example, a person who attacked someone can be convicted of murder even if his victim dies a couple of weeks later.

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A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias


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