Dressler, pp. 680-683: “Rotten Social Background” (RSB) Defense

 

Some think that these three things must be true in order to convict:

 

1.     The defendant committed an act that is condemnable.

2.     The defendant can be condemned personally insofar as the defendant could have behaved in conformity to law.

3.     Society stands in relation to the defendant such that it is entitled to condemn him.

 

Some say that people with a bad upbringing may be undeserving of condemnation because they don’t satisfy either #2 or #3 above.

 

Richard Delgado—“Rotten Social Background”

 

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