The Special Court of Appeals’ arguments that Dabney could not commit attempted fourth-degree burglary is that thinking of the crime does not make you a criminal and thus, the defendant can not be convicted of a non-exsitence crime.
<h3>What is the case of Dabney v. State?</h3>
The defender "Dabney" was convicted for attempt 4th degree burglary but appealed on the grounds he did not actually commit it.
Hence, he could not be convicted of actus reus of being on the property no criminal significance in its own right absent the mens rea of an intent to commit theft.
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The rosenberg case was appealed to the supreme court in 1951.
Answer:
Explanation:
Also called “legal presumptions;” those which derive their force and effect from the law, rather than their natural tendency to produce belief
Answer and Explanation:
Jusnaturalist School: According to this school, a law must, above all, directly address the promotion of justice in any type of situation, respecting the maximum natural right of the individual, which is an inalienable right that must be respected at any cost. . Based on this school, the situation shown in the question above is inadmissible, as it does not promote justice, it prevents innocent people from traveling via respecting their religion and still hurts their natural right.
Teleological School: This school has a strong political character and states that a law that achieves a social balance and promotes and is the service of protection and promotion of policies that protect society, it is valid. In relation to the case shown in the question above, this school can claim that the law is correct, since there have already been many cases of terrorism caused by Muslims, making their ban on boarding a promotion of social security.
2. When analyzing these two schools of legal thought in relation to the case shown in the question above, I came to the conclusion that the Jusnaturalist school is the one I most agree with. This is because prohibiting Muslim women from boarding an airplane because of terorist cases that they were not part of is a strong example of religious prejudice and intolerance, in addition to hurting the rights of innocent women.
