A Criminal Moment in Time

Bethel G.A Erastus-Obilo, Northcentral University

Article comments

An excellent and developing perspective on the question of intent.

Abstract

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan vorticism of the criminal act thus illustrating the elective nature of the trio as a plenum of moments in the continuum. This continuum has, for its genesis, the disposition of the actors, for its propulsion, their situational propinquity and for its consummation, the forbidden act. These, in turn, provide impetus for further moments in the continuum. Thus, one’s position in the social responsibility continuum index has a corresponding impact on his relationship with the criminal laws. This has wide-reaching implications for the mechanism of justice-at-large and the underpinning notion of preventive justice. In this book, I explore the foundations for the range of coercive measures employed by states to ensure public protection and pre-empt violations of the law. In light of human rights jurisprudence, there is a need to develop the principles and values that should inform the use of preventive techniques and powers by government around the world I extrapolate the concept of cognitive psychology into criminal law and explore the reaches of cognitive dependency as the foundation for the three elements of crime. Subdividing the continuum into three parts of emotional, ethical and socio-cultural stimuli, the book investigates the inter-relationship between these elements using it to chart a theory of the continuum as a tool for exploring the concept of preventive justice