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Even if the defendant knew the conduct was wrong, he would not be found guilty if he had been "incapable of conforming his conduct" to the requirements of the law.
In imposing a three-strikes sentence, the state's interest is not merely punishing the offense of conviction, or the "triggering" offense: "It is in addition the interest... in dealing in a harsher manner with those who by repeated criminal acts have shown that they are simply incapable of conforming to the norms of society as established by its criminal law".
Similarly, "while many regarded Jewish bootlegging as proof that Jews were incapable of conforming to American values," she adds that "one might instead regard it as evidence of Jewish acculturation, since the flouting of Prohibition law was practically a national pastime".
In plays such as "The Whale" and "A Bright New Boise," he explores the ways in which people compensate themselves after life has shortchanged them, gorging on food or religion in towns in the American West that aren't especially welcoming to those constitutionally incapable of conforming.
Similar(54)
In November, Melissa Harris-Perry, the commentator on MSNBC, noted that Wilson's use of language — much like his use of the word "demon" — was dehumanizing, and conformed to the "myth of the black brute incapable of pain himself bent on inflicting pain on others".
If a judge or jury concludes that the accused is incapable of premeditation yet has the capacity to appreciate the wrongfulness of his conduct or to conform his behaviour to the requirements of the law, the court can bring a less serious penalty to bear.
I was incapable of resistance.
Muslims are incapable of democracy.
She is incapable of dissimulating.
Not that Claiborne was incapable of snobbery.
Incapable of saying "no".
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com