maelorin: (eye)
posted by [personal profile] maelorin at 06:42am on 05/04/2006
no, the "reasonable person" is a term of art at common law. the reasonable person is mindful of their fellow man, but not especially so. he/she considers the likely consequences of their actions before acting. but they are not perfect, nor omniscient.

the classic statement of the "reasonable man" is lord denning's "man on the clapham omnibus".

a jury is comprised of "peers", who may or may not be reasonable, but are by definition "ordinary people" (in the sense of "normal"). certain classes of people are excused from serving on juries because of their occupations - either because they are important to the well-being of the community (eg ambulance people) or a possible conflict of interest (eg practicing lawyers).

"reasonable person" will not be defined for the jury since it is assumed that they can determine that for themselves, and put themselves in the shoes of the "reasonable person".

unfortunately, parliaments have felt the need to intervene - like this - and direct us as to what this "reasonable person" is like. increasingly they're paranoid, indecisive and need help from nanny to cross the road.

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