Criminal Law Reasonable Person Test
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...... In addition, an objective reasonable person standard can be used in a racist manner. The idea of what behavior is reasonable has been developed to reflect the prevailing cultural and societal norms of the dominant society, which means that it is biased towards Caucasians. However, subjective reasonable behavior may vary according to racial considerations. For example, blacks are much more likely to be the victims of police violence than members of other racial groups. Therefore, a black person who flees from the scene of a crime may not be demonstrating the same evidence of guilt as a non-black person fleeing the scene of a crime. Since many criminal convictions are based on circumstantial evidence, it is important that the finder of fact understand that different behavior can have different meanings, based on race. Therefore, a subjective reasonableness standard would ask whether a defendant behaved in a way that was reasonable for members of his or her racial group, and not in accordance to prevailing cultural norms
Fourth, race is not the only factor that can impact judgment. Therefore, a finder of fact should be able to take a defendants culture into consideration when determining guilt. For example, domestic violence
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