A copy of this work was available on the public web and has been preserved in the Wayback Machine. The capture dates from 2020; you can also visit the original URL.
The file type is
Following American legal sources, I argue that the use of the reasonable person standard in criminal law is inaccurate and unfair, and, therefore, inconvenient to evaluate human behaviour based on three arguments which address flaws of the standard under analysis. Firstly, this standard is by definition abstract, theoretical and general, not reflecting appropriately the person's sensory and ideational perception of the situation. Secondly, the trend in American legislation and case-law is todoi:10.18800/derechopucp.201402.015 fatcat:brefr35skvflzdwz2z4o6fgxga