law's reasonable person standard
in ways that suggest it is less
Canada inherited the reasonable person standard
from England in Vaughn v.
adapted an objective reasonable person standard
, other circuits have
in which the Wisconsin Supreme Court held that although one of the defendants was diagnosed with cerebral palsy and mental retardation, to the extent that she "function [ed] at the cognitive level of a preschooler," she must nonetheless be held to the reasonable person standard
Formula Balancing, the Reasonable Person Standard
, and the Jury, 54
Should the reasonable person standard
, understood as paragon of virtue, be applicable in the aforementioned cases, we will arguably conclude that most persons will always come up short insofar as crime is an anomalous action (7).
The data in this Article suggest that applying an accurate reasonable person standard
would require the Court to consider carefully the level of granularity at which it describes the reasonable person.
The reasonable person standard
is based on the behavior of an average member of the community balancing the costs and benefits of expenditures on care.
This article ultimately concludes that the Missouri Supreme Court's rejection of the reasonable person standard
in Burns is unreasonable because not only is it unjust toward employees who unintentionally cause injury to fellow employees, but it also conflicts with the underlying purpose of Missouri's workers' compensation law.
2003-61 also implies that a reasonable person standard
will apply as under Sec.
Recent legal scholarship, however, reveals a growing movement to transform the objective assessment of certain defenses into a more subjective one by reformulating the reasonable person standard
in criminal law.
The court reasoned that because it is "now firmly established legal principle that 'juvenile defendants are, in general, more susceptible to police coercion than adults'" and thus a "reasonable-juvenile standard" is now applied to a determination of whether an interrogation of a juvenile is custodial, a similar modification of the reasonable person standard
should apply when mentally retarded defendants are involved.