Role of Mens Rea and Actus Reus in determination of Terrorism Cases

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ID: 336865
2024
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Ranked #619 of 953 articles by views in Pakistan Social Sciences Review

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Abstract
This research paper examines the role of mens rea and actus reus in determination of terrorism charges in a case. In spite of substantial worldwide comprehensive efforts to curb the menace of terrorism, on the legal side there is still a gap. There is no universally accepted definition of this term. In Pakistan, the broad and ambiguous definition of terrorism in the ATA has led legal jurisprudence to overlaps with regular penal laws. There have been two approaches developed under ATLs: one, the mens rea-based approach; and second, the actus reus-based approach. This study discovers the use of these two approaches in execution and prosecution of ATLs. This research uses a comprehensive analysis of existing legal scholarship, judicial opinions, and landmark case-laws. It concludes that mens rea-based approach can significantly enhance the precision and fairness in determination whether a case falls under terrorism laws or not.
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imported_1793231189_6ae28955279f9 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Tahir Kazim
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Journal Pakistan Social Sciences Review
Year 2024
DOI
10.35484/pssr.2024(8-II-S)61
URL
https://ojs.pssr.org.pk/journal/article/view/685
Keywords Keywords not found

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