Subjective Recklessness – The Difference between subjectivity - TopicsExpress

Subjective Recklessness – The Difference between subjectivity and objectivity are key for lawyers, we have to know what the difference is, because that difference is applied in so many different circumstances. Objective deals with what the reasonable man thinks, what everybody looking at a situation would think about that situation. Subjective means what the individual thinks about that situation. We have to Look into the Defendants Mind before we can say whether or not they were reckless, Its not whether or not the rest of us think that the defendant actions were reckless, its whether the defendant thinks his or her actions were reckless. Key Case: R V Cunningham (1957)

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