Preview

Punishment Is Guilty

Satisfactory Essays
Open Document
Open Document
229 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Punishment Is Guilty
Tammy Thompson, mens rea is as you say, all about the mind and whether it is guilty or not. Punishment is only proper when the person has committed the physical act and had the mental state that is required by statute that defines the crime (Ennis, 2010). Some crimes focus on the mindset of a reasonable person in the offender’s situation which allows the prosecution to prove guilt based on objective knowledge. Other crimes require that the offender intended the result of his physical act which allows conviction on the offender’s subjective or actual objectives (Ennis, 2010).
For an offender to have violated the law, the court must determine whether the phrase “Knowing or having reasonable cause to believe” implicates a subjective standard

You May Also Find These Documents Helpful

  • Good Essays

    HSC PREP

    • 5612 Words
    • 23 Pages

    The accused intended to commit the crime, knowing their actions were wrong (guilty mind). Three types of mens rea:…

    • 5612 Words
    • 23 Pages
    Good Essays
  • Good Essays

    As previously mentioned, if the punishment is not harsh enough the result is repeated offense. If a criminal relishes in committing a crime and the court system does not properly punish them for it, then they actually have no reason not to repeat the crime over again. The National Institute of Justice, part of the U.S department of Justice, studied how likely criminals are to relapse after being released, claiming that “Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested” (Durose, Cooper, and Howard). This statistic proves that there is a significant chance that a criminal will indeed carry out the same action as before. The most significant way that an offender is punished is through what…

    • 207 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Justice Brennan’s opinion in, In re Winship, explicitly recognized the reasonable doubt standard for criminal defendants. 7 That opinion elevated the protection associated with the longstanding application of the proof beyond a reasonable doubt standard in criminal prosecutions to constitutional status.8 After Winship, as a general rule, under the due process clauses of both the Fifth and Fourteenth Amendments, the prosecution must prove to a jury, beyond a reasonable doubt, every fact necessary to constitute the crime, the state has charged the defendant.9 The Supreme Court has struggled, however, over the past three decades to find the precise contours of this constitutional protection. Despite repeated attempts, the Supreme Court continues to struggle to find the appropriate balance between protecting defendant rights10 and ensuring legislative autonomy in the drafting of criminal statutes.11 The long line of Sixth Amendment cases considering which factual questions must be resolved by juries beyond a reasonable doubt and which questions may be resolved by judges by a preponderance of evidence “has produced a bewildering series of distinctions.”12…

    • 8780 Words
    • 36 Pages
    Powerful Essays
  • Good Essays

    In his article "Punishment and Loss of Moral Standing", Christopher Morris explain, in his opinion why the death penalty is a justifiable means of punishment. The author first defines what a punishment is by saying it is an imposition of some pain, unpleasantness, or deprivation for a committed offence. The main purpose of punishment is to teach, either the offender or others, that committing this act is wrong.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Law is good. Man, in his needs, has different motivations for law in society. His secular needs require striving for justice, social stability, and punishment. However, in the area of religious influence, law should promote morality so that believers can get close to God or be separated and condemned by God. As man and society evolves, the purpose of law has remained the same – to punish and deter.…

    • 877 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Guilt and Punishment

    • 307 Words
    • 2 Pages

    Creon’s actions and judgment in the play Antigone were questionable, but I don’t think he deserved the punishment he received at the conclusion of the play. My philosophy of life probably influenced my decision because I believe that everyone deserves a second chance. Creon was arrogant and did not listen to anyone’s advice, including Tiresias, a prophet who has never told him a lie. However, in the end he realized what had happened and accepted his fate.…

    • 307 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The four fundamental philosophies surrounding the purpose of sentencing are retribution, deterrence, Incapacitation, and Rehabilitation. Retribution is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered. It relies on the principle of just deserts, which holds that the severity of the punishment must be in proportion of the severity of the crime. Deterrence is the thought that if the punishment given is severe enough that it will stop the potential criminal from committing the crime or to be a repeat offender, so rather than seeking only to punish the offender this strategy is to try to sentence to prevent future crimes along with incapacitation and rehabilitation. Incapacitation is the third philosophy that is a belief that if the criminal is detained for a crime, thereby being separated from the community reduces the criminal activity and once released will not be as likely to be a repeat offender. Rehabilitation is the fourth and final philosophy that surrounds the purpose of sentencing, some believe that society is best served when those who break the law are not simply punished but are provided with resources needed to eliminate the need or want to engage in criminal behavior activity. There are three steps to help determining sentencing. When public opinions move toward more severe strategies of retribution, deterrence, and incapacitation, legislatures have responded by asserting their power of over determining sentencing guidelines. The Legislature passes sentencing Laws; this specifies the terms of indeterminate sentencing. An Indeterminate term of incarceration is in which a judge determines the minimum and maximum terms of imprisonment. Only a jury can hand down the decision of the death penalty. When the minimum term is reached the prisoner becomes eligible to be paroled. Then there is determinate sentencing, this is a period of incarceration that is…

    • 360 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In a contemporary society where crime takes place we expect the state authority to dispense justice in the form of punishment to maintain social solidarity. There are many forms of punishment that can be given to an offender, each with their own functions for the offender and society itself.…

    • 1349 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Impact on actus reus (victim’s actual consent/ non-consent) and mens rea (offender’s understanding of consent / non-consent)…

    • 2265 Words
    • 12 Pages
    Powerful Essays
  • Better Essays

    Is justice served in punishment? There are many factors that should be considered as to whether or not justice is being served by the punishment given. The short story “Punishment” written by Rabindranath Tagore is about two brothers and their wives. The story begins when the two brothers return home from work and hear that their wives have been screaming and yelling at each other again. The elder brother Dukhiram demands that his wife Radha get his food. Radha responds to her husband by telling him there is no food in the house and asks him if she should go out and earn it. Dukhiram is angered by his wife’s reply, grabs a farm knife and lunges at her hitting her in the head with it. Radha dies a within minutes of being struck by the knife. Within a short time after the incident the landlord Ramlochan shows up at the house to collect the rent the family is behind on and sees Radha lying on the floor dead. Chidham (Dukhiram younger brother) immediately began stating that his wife killed Radha. Chidham, in order to save the life of his brother placed the blame on his wife and began begging Ramlochan to help him. Chidham and his wife Chandara both passionately loved each other. Chandara could not believe what her husband had just done. In the end Chandara choses to be found guilty and is punished by death for a crime she did not commit. Chandara was unwilling to participate in the lies that her husband was asking of her and the lies of the corrupt and unjust system that surrounded her. Even after Chidham offers Chandara an alibi she refuses by keeping her silence. In the story “Punishment” it is made very clear that women are not equal to men when it comes to freedom and nature. The question of “is justice served by the punishment given” is dependent on the situation at hand, the crime committed and the feelings of those who feel they are victims.…

    • 1133 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Punishment Research Paper

    • 1083 Words
    • 5 Pages

    Citizens are being arrested every single day for an unlimited variety of reasons. The reason can be anything from abuse of a family member, robbery, drug possession, or murder. The criminal system has four ways to justify punishment. Retribution, deterrence, rehabilitation, and social protection are ways in which punishment is justified. Each of the four has its own style of punishment together with its own pros and cons for each Citizen.…

    • 1083 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Mens Rea – refers to criminal intent. In other words, what was a defendant was thinking and what was their intent when the crime was committed. It helps the criminal justice system determine between someone who did not mean to commit an act to those who set out to commit a crime.…

    • 672 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Harsher Punishment

    • 677 Words
    • 3 Pages

    To prey upon, overpower and sexually assault children and women is an especially heinous crime to me. What is even more distressing is that the punishment for rape, child abuse (both physical and sexual), and other sexually based offenses is not in my opinion harsh enough. Lawrence Singleton whose case is well known, served only eight years after he picked up a 15 year-old hitchhiker drove her to a wooded area were he raped her and chopped her forearms off with an axe. He left her for dead on the side of the road, but she survived to testify against him. After he was released he brutally murdered a woman in his home. A child molestation case in Texas left the community upset after a man was due to be released after serving only a six year sentence for raping a six-year old boy. He told police that he got away with abusing over 240 children before getting caught for molesting a single child, and if he got out he would do it again.…

    • 677 Words
    • 3 Pages
    Good Essays
  • Good Essays

    unfair punishment

    • 1053 Words
    • 5 Pages

    A chilly Sunday morning, my window presented a magnificent view. The snow covered the whole backyard and reflected back the weak, wintry sunlight.i was sitting in my creaky old chair trying to solve a math’s algebraic question. My mind was in a total confusion as I had no idea of solving the equation. Dancing the pen in my hand I thought harder and harder about the question that was sitting in front of me, waiting to be untangled. It was like a detective story, were the situation has come to the top climax, and solution for who have done it was unknown. My pressure stared increasing; the pen was slipping through my fingers due to the gallon’s of sweat emerging from my palms. My mind was like a tangled knot, where the method to solving the equation was trapped in a cage.…

    • 1053 Words
    • 5 Pages
    Good Essays