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The paper explains that consent refers to a person engaging in an action having been informed of the dangers and risks associated with the action, but voluntarily chooses to take part in a particular action that maybe harmful. The paper looks at a case where the defendant is not criminally liable for the damage, for example, in many hospitals, doctors tell the patients of the necessary risk associated with certain medical procedures and even give patients the probability of survival. The paper explains that if a patient consents to this activity then the hospital or doctor is not criminally liable.
From the Paper:"Criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant(s). Ideally, the degree of liability should be the violation of the criminal law less any defense or mitigation, but there are many issues that will not make this relationship as direct as the formula above shows - Degree of liability = violation of the criminal law - defense or justification mitigation. That is, the degree of liability depends on many facets that will not make this relationship as direct as the equation above."
Cite this Term Paper:
Criminal Law (2007, December 01) Retrieved March 01, 2021, from https://www.academon.com/term-paper/criminal-law-134648/
"Criminal Law" 01 December 2007. Web. 01 March. 2021. <https://www.academon.com/term-paper/criminal-law-134648/>