By Sol Azuelos-Atias
A realistic research of criminal Proofs of felony cause is an in depth research of proofs of felony cause in Israeli courtrooms. The booklet analyses linguistic, pragmatic, interpretative and argumentative recommendations utilized by Israeli attorneys and judges so as to study the defendant’s purpose. There should be without doubt that this topic is invaluable of an intensive research. A person’s purpose is a mental phenomenon and consequently, until the defendant chooses to admit his reason, it can't be confirmed without delay – both through facts or by means of witnesses’ tales. The defendant’s goal needs to be inferred often from the final situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures might be taken under consideration. The linguistic research of those inferences awarded here's inevitably finished: it calls for attention of a number of theoretical frameworks together with speech act idea, discourse research, argumentation concept, polyphony thought and textual content linguistics.
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Extra info for A Pragmatic Analysis of Legal Proofs of Criminal Intent
For the discussion on different and even contradictory patterns and the description of the judge’s relation to the characters of the accused and the victim in penal cases, see Chapter 4 below. 61. On the procedure in a rape trial, for example, the competition between the parties on the pattern of the significance given to the events and on the understanding that the narrative of an event is not a simple reconstruction, but a creation, see Bogosh and Don-Yihie (1999: 228– 256). Chapter 1. The linguistic framework feelings, beliefs and values.
There must be a strong link between the two elements the offence consists of – the factual and the mental. Generally, actus reus and mens rea must coincide in point of time: an offence does not crystallize unless both elements take place simultaneously. 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.
Chapter 1. 48 Accordingly, in the criminal law there are two essential pre-conditions for conviction. The one is that, as a textual juncture point, the person referred to as “the defendant” can be presented as a real entity with a describable conduct; and the second is that as a psycho-physical entity this character can be presented as having a subjective mental attitude towards the occurrence discussed in court. Each of these two conditions corresponds to one of the elements of the offence. 52 Like the defendant, the complainant is termed in this discourse by generalizing lexemes belonging to the legal lexicon that are, as a rule, devoid of particular personal qualifiers.
A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias