Essays on Actus

International Criminal Law

Question 1 A. There are several modes of the liability that are used for the determination of the liability of the person prosecuted for the international crime. Given the merits of the case in question, the prime minister of Sanchista should be liable for the order issued in reference to the Nisum Campaign. The provisions of the ICTY are designed in the manner so that to address all criminal offences that are committed by the state bodies and relevant executives in the prosecution of particular persons. The article 6 of the ICTY defines that committing of the criminal actions ...

The term ‘actus reus’ refers to the physical component of the crime, while ‘mens rea’ addresses the mental aspect of the offence. Situations, when the alleged perpetrator has the actus reus, but lack mens rea can be different, and a solution depends on the constituent components of a particular crime. First of all, strict liability offences and a range of other offences that differ across statutes and common law under different jurisdictions do not require proving mens rea. Strict liability often refers to minor offences (e.g., selling alcohol to an under-aged individual), where it is hard to determine the ...

Question and Answer- Criminal Justice

Question and Answer- Criminal Justice Q. 1 The main similarity between mens rea and actus reus regarding their roles is that both elements are ways through the criminal law ensures that only guilty actions or conduct and minds or intention can secure the safe legal conviction of accused persons. Moreover, they both play the role of making the role of the prosecution and defense easier when proving the commission of a crime. The difference is that while mens rea plays the role of helping the court know the accused’s intent at the material time, actus reus plays the ...

Similarities between the Roles of Actus Reus and Mens Rea

The main similarity between these two elements of a crime is that both of them must be sufficiently proved to have been present during the alleged commission of the crime in question for a safe and legal conviction to be secured by the prosecution. If any of these elements is absent, lacking, or has not been sufficiently proved beyond reasonable doubt by the state, an accused is to be acquitted. Moreover, both of the play the role of ensuring that people are only convicted of offenses that they have positively committed with the full knowledge of the consequences or ...

Williams v Pennsylvania (2016) was brought to the Supreme Court by Williams who was found guilty of murder back in 1984 and sentenced to death because he claimed that the prosecution not only utilized false testimony but withheld evidence that could have led to his exoneration (Supreme Court, 2016). I found this particular case interesting due to its conclusion where the petitioner was ultimately denied his appeal even after his allegations were proven by the PCRA (Supreme Court, 2016) which just goes to show how even if the filer was in the right, the law still refused to rescue ...

Introduction

One of the most common strategies of criminal defense attorneys when representing a defendant who has an unusual condition such as a mental abnormality, is to argue either that regardless of their actions, they are nevertheless not responsible for the crime or that they never had the capacity to commit a crime. The reason that criminal defense attorneys can make these arguments is that criminal law recognizes a number of unique situations where otherwise criminal conduct should not be subjected to a determination of guilt and the offender should be exempted from the crime (LaFave, 2000). These arguments, which ...

Criminal Liability

ISSUES According to the facts presented containing information on Neil, Thomas and Kate the following are some of the pressing issues; The first issue dwells on the fact that Neil is following Thomas everywhere in the university taking pictures of him and his brown loafers, Neil also places those pictures Thomas’ pigeon hole, he also leaves gifts of brown polish on Thomas’ door step all of these actions lead Thomas to suffer from depression. The second issue deals with Kate’s actions whereby Kate who is a sado-masochist uses her red patent stilettos to walk on Neil’s back ...

the Person Act of 1861, and the Common Law Facts: Neil, a student in medicine, a heavy shoe fetishist, who found men’s brown shoes a real turn on. His course mate Thomas bought a pair of designer’s brown loafers which attracted Neil very strongly. Neil started obsessively to follow him and to take pictures of him wearing the brown shoes. He even started to make him small presents as brown shoe polish, laces or even pictures, leaving them in his student pigeon-hole. Just before his exams, Thomas felt himself ill, through all this stress, and asked the ...

Issue

In examining the criminal liability of the four persons about the death of Betty, several issues should be focused on approval or disapproval of any liability. In the case of Naveed, there is a need to prove whether he committed an actus reus in his threatening Betty. In the case of Peter, we need to establish under which circumstances and criminal law he might have been the causal link in the shooting, injury and eventual death of Betty. Also, there is a need to prove whether there was any state of mind with criminal liability and intent to cause ...

Response #1

Giddings, Franklin. The Relation of the Criminal to Society. Proceedings of the Academy of

Political Science in the City of New York 1(4), 1911, 559-62.

This article asserts that some of the acts that the legislature defines as crimes are not actions that can cause much harm to the society and future generations, but there are acts that are defined as crimes that pose grave dangerous. Accordingly, the author notes that if one assumes that every person who commits a crime is a criminal then it is hard to find a person who is not a criminal in the United States. In this regard, the article presents two kinds of ‘ ...

Identify and describe the different categorization of crimes? How are crimes different than torts?

The common categorization of crimes includes treason, felonies and misdemeanors . Treason, which is rare, is one’s act against the state threatening its sovereignty and integrity. Felonies are serious offenses like murder, manslaughter, rape, robbery, kidnapping, tax evasion etc. that attract several years of imprisonment and a heavy fine. Misdemeanors are less serious offenses, mostly punishable by fines or a brief stay in the jail. Some of the examples of misdemeanors include simple assault, gambling, prostitution etc. However, other simple offenses like traffic violations are not considered as misdemeanors and are generally considered as violations or infractions. Crimes can ...