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Whether a Cunningham or a caldwell test is justificable to a persons guilty mind?
Wiki User
∙ 12y ago
The Cunningham test would be justifiable to a persons guilty mind, since the Cunningham test is a subjective test, so the test is mainly on the person who is convicted of the crime.
The Caldwell test is an objective test that the jury will give a verdict based on the act of the person whom is convicted of the crime, and that person's mind is whether guilty or not lies in the hand of the jury(reasonable man). The Jury which is the reasonable man is always reasonable, never makes a mistake, and only taking sex and age in to account.
An objective test does not confirm the state of mind of the person when he/she is doing the act, and there by, objective test in my opinion is not justifiable to a persons guilty mind when only his/her act is being judged.
Therefor the Cunningham test which is the subjective test is better suit.
Wiki User
∙ 12y ago
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