Reasonable Person Standard
This is not a real person but a legal fiction, an objective yardstick against which to measure the culpability of real people. For these purposes, the reasonable person is not an average person: this is not a democratic measure. To determine the appropriate level of responsibility, the test of reasonableness has to be directly relevant to the activities being undertaken by the accused. What the ‘average person’ thinks or might do would be irrelevant in a case where a doctor is accused of wrongfully killing a patient during treatment. Hence, there is a baseline of minimum competence that all are expected to aspire to. This reasonable person is appropriately informed, capable, aware of the law, and fair-minded. This standard can never go down, but it can go up to match the training and abilities of the particular accused. In testing whether the particular doctor has misdiagnosed a patient so incompetently that it amounts to a crime, the standard must be that of the reasonable doctor. Those who hold themselves out as having particular skills must match the level of performance expected of people with comparable skills. When engaged in an activity outside their expertise, such individuals revert to the ordinary person standard. This is not to deny that ordinary people might do something extraordinary in certain circumstances, but the ordinary person as an accused will not be at fault if he or she does not do that extraordinary thing so long as whatever that person does or thinks is reasonable in those circumstances.
The more contentious debate has surrounded the issue of whether the reasonable person should be subjectively matched to the accused in cases involving children, and persons with a physical or mental disability. Young and inexperienced individuals may very well not foresee what an adult might foresee, a blind person cannot see at all, and an autistic person may not relate to the world as a "normal" person. Cases involving infancy and mental disorders potentially invoke excuses to criminal liability because the accused lack of full capacity, and criminal systems provide an overlapping set of provisions which can either deal with such individuals outside the criminal justice system, or if a criminal trial is unavoidable, mitigate the extent of liability through the sentencing system following conviction. But those who have ordinary intellectual capacities are expected to act reasonably given their physical condition. Thus, a court would ask whether a blind reasonable person would have set out to do what the particular blind defendant did. People with physical disabilities rightly wish to be active members of the community but, if certain types of activity would endanger others, appropriate precautions must be put in place to ensure that the risks are reasonable.
Read more about this topic: Criminal Negligence
Famous quotes containing the words reasonable, person and/or standard:
“Titania. What, wilt thou hear some music, my sweet love?
Bottom. I have a reasonable good ear in music. Lets have the tongs and the bones.”
—William Shakespeare (15641616)
“Parents can only give [children] good advice or put them on their right paths, but the final forming of a person lies in their own hands.”
—Anne Frank (20th century)
“Error is a supposition that pleasure and pain, that intelligence, substance, life, are existent in matter. Error is neither Mind nor one of Minds faculties. Error is the contradiction of Truth. Error is a belief without understanding. Error is unreal because untrue. It is that which seemeth to be and is not. If error were true, its truth would be error, and we should have a self-evident absurditynamely, erroneous truth. Thus we should continue to lose the standard of Truth.”
—Mary Baker Eddy (18211910)