Essays on Mens REA

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 ...

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 ...

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 ...

Intention and knowledge of a crime cannot be of the same type of mens-rea. For example, murder and culpable homicide are intentional and knowledge based respectively. The intention based mens rea places mental element of murder foremost as an intention to cause death. At a lesser degree is an intention to cause a specific bodily injury which the offender knows will cause death of the victim. This is almost the same as the mental element for murder as the offender knowingly causes the bodily injury that it can cause death. As such, the offender is liable to be convicted for murder. Next ...

Scenario One

Sebastian commits this offense when he dishonestly buys business class tickets with the intention to sell them. Evidence of further dishonesty is illustrated by his travelling in economy class while the company records indicate that he travelled in the business class. Even though no harm results to the company from his actions, the case of Attorney General’s Reference (No. 3 of 2003) held that the key determinant in the offense is the conduct, not the results. Accordingly, Sebastian has committed the offense regardless of the outcome of his conduct. It is however imperative to note that it ...

Introduction

In the history of the United States of America, there have been many cases when the Constitution of the country has been violated. One of the most significant cases, regarding the issue of violating the Constitution of the United States of America, is the case Schenck vs. United States. The case was heard on the third March, 1919. This essay is devoted to the analysis of the case. The essay will be divided into several parts. The first part will be devoted to the issue of the case. In this part, I will outline the main peculiarities of the ...

Elements of the crime

Orr was arrested over an arson charge at a place called Atascadero. In order for the prosecution to prove that he was the person responsible for the crime, the following elements were identified. In this case, the prosecution provided both the Actus Reus and the Mens Rea element in their bid to charge Mr. Orr for the offense. On the Actus Reus section, the following factors were associated with the arson that Mr. Orr was under accusation. The factors included the physical manifestations that placed him on a probability scale of being the mastermind in setting the place ablaze.

Actus Reus

The prosecution ...

Introduction

Every lawyer can prove that modern justice system is not perfect. There are such cases that can be tried for months and even years. When such a case appears, a judge might find it difficult to sentence a defendant. This case study is devoted to a thorough analysis of one of such cases – the case State of New Jersey vs. Sonney Pelham. The essay will be divided into several parts. The first part will contain a brief case descriprtion.The second part –mens rea – will be devoted to the issue of innocence of the defendant. The third part – actus reus- will be dedicated to the ...

Criminal law

Robbery Scenario After a night out with your significant other you are walking back to your vehicle when a man jumps out of a dark alley and demands your purse. He says if you do not give it to him now he will kill you. Before you know it he rips the purse from your arm and runs off. This is a robbery and includes both the mens rea which is the thought the man had that you would be a good target and he was going to rob you, and the actus reas or actual physical act of the crime.

Arson

The ...

In Washington, the Supreme Court had ruled over a case (Burwell vs. Hobby Lobby Stores) that was about a corporation that is family-owned to pay for insurance coverage for contraception for its female workers that is stated in the Affordable Care Act that actually violated the law that protects religious freedom. “The court ruled that corporations controlled by religious families cannot be required to pay for contraception coverage for their female workers” (Liptak, 2014, para. 3). The interesting aspect about this case is that the decision was actually in contrast to what many had expected as in many had virtually believed ...

Introduction

Statutory rape is usually defined by the state law concerned. However, statutory rape is distinguished from other forms of rape in that the victim must necessarily be below the age of consent and that lack of consent is not a requisite to the crime on the common understanding that a person below a certain age lacks the capability to give an informed consent. Prior to the development of modern statutory rape laws, statutory rape was used to protect young women and children from the sexual incursion of unwanted males. At that time, women were regarded as chattels or property and as such ...

- What theory or theories of crime best justifies or justify the imposition of capital punishment There are several legal theories that justify capital punishment in many jurisdictions. In such a punishment, the state puts one to death as a punishment for the crimes they may have committed. Legally, only capital offenses can attract capital punishments. The death sentence has always elucidated various reactions from the public, with some opposing it, and others support it. For instance, as of 2014, only 58 nations in the world actively practiced this punishment. 98 countries have so far abolished the punishment because it ...

<Law> <Tutor> <Department> The Flitland Crown Court convicted Dr. Arthur Jones for the crime of murder for withdrawal of life-support treatment to premature-born Baby X. Prior to his conviction, Dr. Jones did not dispute the antecedent facts that led to the death of Baby X. He reasoned out that the offense was committed to give way for the more viable Baby Y. There was only one available life-support system, and the question was, to whom he should administer the life-support treatment, to less viable Baby X or to more viable Baby Y? ...

Mothers should be punished for giving birth to Drug Addicted Children under the following justifications; Mothers are the most important unit in the impacting of morals to their children. In the event criminal tendencies of children stem from the same mothers, it is reasonable to charge mothers of the crime that associates them to lack of duty of care and absolute recklessness (IFC International). Similarly, the event that leads to the giving birth to criminally oriented children can be as a consequence of blatant intentions by the same mothers. Mothers should be at a position that enforces them to go ...

(School/University)

Defenses used to Challenge Criminal Intent:’

Entrapment Cole and Smith (2007, p. 69) states that the defense of “entrapment” can be used by counsel to prove that the defendant is bereft of criminal intent. Under this defense, the law would exclude the defendants when it is proven that law enforcement officials coaxed the person to commit the crime. However, this limitation does not preclude the use of the undercover agents to trap the criminals, nor does it mean that the police should create opportunities or situations for criminals to commit crimes. Nevertheless, the defense can be availed of when the police clearly motivated ...

Overview

The second half of summer, 1982. Five women were found strangled to death at the Green river banks in King County, Washington. During the investigation, the detectives found out that all they were prostitutes. They were working nearby. All the women were announced to be lost for some time already. This was only the beginning. In the next several years, more and more girls have been found along the Green River banks and in the woods nearby. If the first five murders made investigators suspect a serial killer in the King County, now there was no doubt about that. Sometimes ...

People v. Poplar 20 Mich. App. 132, 173 N.W.2d 732 (1970) was an appeal filed in the Michigan Appellate Court by Marathon Poplar seeking to set aside a conviction of lower court that had found him guilty of aiding and abetting the crime of breaking and entering and of assault with intent to commit murder. The facts of the case which gave rise to the appeal are as follows. On December 3, 1964 in the early morning hours, two men, Clifford Lorrick and Alfred Williams broke into the Oak recreation park building. However, before they could steal anything from ...

THE CASE AGAINST ROMEO

- i) According to the law, a person is guilty of committing theft if he or she dishonestly acquires another person’s property with the aim of permanently depriving him or her of it. In the case of Romeo, the act of walking out of the shop without paying for the condoms was not carried out intentionally. He intended to pay for the condoms but forgot. According to Romeo, he intended to pay for the condoms but forgot after receiving the distressing phone call from his girlfriend Cleopatra. At the time of the crime, Romeo was not aware of his behavior ...

In the Trayvon Martin’s case, George Zimmerman shot 17 year-old Martin, an African American high school student. Zimmerman was the neighborhood watch coordinator for the gated community where the shooting took place and where Trayvon Martin was staying temporarily. The defendant, Zimmerman, was charged with second-degree murder and manslaughter. According to the Florida Law, the element for second degree murder charge, is that the state have to show that the defendant intended to kill the victim, whereas in the charge of manslaughter, it is not necessary for the state to prove that Zimmerman intended to kill the victim ...

Latin word, mens rea is a part of Latin legal axiom ‘Actus non facit reum nisi mens sit rea’. This legal axiom means, act itself is not guilty unless accompanied by a guilty mind. Thus mens rea or guilty mind is a unique feature of criminal law and criminal act of a doer is not punishable unless the same is done with a guilty mind or criminal intention. This paper discusses mens rea along with several related aspects of the subject matter. Sanford kadish recognizes the importance of mens rea in criminal law and says “the existence of mens rea shows that the ...

A critical analysis of David N. Pellow article ‘The Politics of Illegal Dumping: An Environmental Justice Frame Work’. Pellow decisively interrogates the perceived prevalence of minority groups living in hazards environments. He keenly canvases the existing literature and case studies carried out throughout the United States and beyond. These studies relate economic inequality to environmental degradation. It is alleged that a phenomenon known as environmental racism has emerged whereby areas lived by the poor minority, usually the blacks, Hispanics and immigrants, have been turned into dumping sites by the majority- a group composed of the White and wealth middle class. ...

Psychology

What is the significance of a detainee's biography in the forensic psychological assessment of mentally ill offenders? A forensic psychological assessment seeks to provide information to attorneys and courts for the purpose of making legal determination. The psychologist seeks to discern the relationship between the detainee’s mental disorder (if any) and the offence they are charged for (if proven). Biographical investigation is one method of performing a forensic psychological evaluation. The detainee’s biography provides background information as a source of knowledge to form the basis of a biographical investigation. A biography gives a unique and personalized narrative of an individual devoid ...

The System its bases is common law practiced in England and Wales.

Murder Murder is the most serious crime known to the criminal law which is punished by mandatory life sentence though it is also accepted that deaths can be a result of a unintential act. Murder is described as the unlawful killing with intention to kill a living human being though it can be reduced to manslaughter. Homicide is categorised in three main ways which are murder, manslaughter and infanticide whose sentencing varies. The English common law has no definition in a statute though its punishment can be prescribed in law. The definition continues to be a matter of the common law. The ...

Discussion Post

Discussion Post - Define the terms material support or resources, training, military-type training, expert advice or assistance, critical infrastructure, and terrorist organization in relation to 18 United States Codes 2339, 2339B and 2339D Anti-terrorist legislation under Title 18 U.S. Code in reference to “Mens Rea” pertains to a person with the intention or state of mind along with accompanying conduct by law describing the offense of supplying materials to terrorists. Under Title 18 aligned with Code(s) 2239 and 2339B “Mens Rea” specifically pertains to the act of a person charged as intentionally providing support to a terrorist group or ...

The death penalty is a situation where an individual arraigned in a court of law for a certain crime is sentenced to death. Due to the seriousness of this sentence, it is apparent that the evidence provided in court for such cases must be beyond reasonable doubt. It is for this reason that almost all the cases which end with a death sentence are referred to the Supreme Court for appeals. This essay looks at the case of Atkins v Virginia (2002). It will give the details of the case and the sentence thereon. The essay seeks to assert the fact that capital ...

The defendant has been charged with a series of crimes including homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. The first issue is whether Stu Dents understands these charges and is competent to stand trial. Competency to stand trial requires that a defendant have the mental capacity to understand the changes against him, the procedures of the court, and the consequences of his being found guilty. He must also be competent enough to be able to help his lawyers plan a legal strategy, remember and describe details related to the crimes charged against him, explain his motives, testify ...

Graham was sentenced to life imprisonment without parole. Thirteen jurisdictions do not allow life without parole sentences for juvenile offenders convicted of non-homicide crimes. Thirty-seven jurisdictions permit sentences of life without parole for a juvenile non-homicide offender under certain circumstances. The Supreme Court held that sentencing a juvenile to life imprisonment without parole for a non-homicide crime violates the Eighth Amendment.

Key words: actus reus, mens rea, concurrence, accomplice liability, criminal liability, Eight Amendment, Cruel and Unusual Punishment, jurisdiction,

Graham v. Florida 560 U. S. ____ (2010) Terrence Graham, at age 16, was arrested for attempted armed robbery and armed burglary with assault and battery. The Florida trial court sentenced him to probation and withheld adjudication of guilt. ...

WK1DiscLGriggs

Crime has been a huge concern for most cities. When a person committed a crime, he or she demonstrates the three elements of the crime namely concurrence, Actus reus (conduct) and Mens rea (mental health. Once all of this three elements were evident in a person’s behavioral pattern there is a big possibility that the person may commit crime anytime. It is detrimental for everyone to keep a close watch at all times for such individuals who are demonstrating these elements. These three elements are also paramount in determining the gravity and nature of the crime depending on causation.

Chicago Crime News

One of the examples of ...

INTRODUCTION

Criminal homicide is the act of ending another person’s life by the hand of another (Luckenbill, 1977). There are many different ways in which criminal homicide is defined in the American criminal justice system; different degrees of what constitutes homicide, as well as other mitigating factors, can help to determine the sentencing of an individual or individuals who take part in the act, whether voluntarily or not. This is meant to apply as individualistic a sentencing as possible on the particular situation, instead of making standardized choices for criminal homicide on the whole. All of this leads to an ...

Abstract

This paper gives an insight to the classification of crimes. It also establishes the employment of doctrines such as Mala Prohibita, Mala in Se, Mens Rea, and strict liability in classifying such crimes. Within the paper, two laws are discussed and analysed as per these doctrines to give a clear picture and distinction of the doctrines.

Introduction

Classification of crime emphasizes the frequently ignored realism that every criminal act differentiates itself. For instance, contract homicide is relatively perceptibly unlike sexual homicide. Therefore, Crime-deciphering deliberations compel investigators to realize the disparities between crimes consistent with the criminal’s setting, the crime scene ...