Professor Aryka N. Moore Assignment 1 Week 4: Criminal Conduct and Criminal Law Determine whether or not a conviction is feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea. Provide a rationale to support your position. Crime has been a part of American history for years and will continue to be for all time. Criminal laws regulate human conduct and tell people what they can and cannot do and‚ in some instances
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Criminal Liability Actus reus The actus reus of a crime is the voluntary‚ deliberate act of the defendant. seen in the case of Hill v baxter 1958- in this case the court gave examples in a situation where a driver of a car would not be driving voluntary e.g. being stung by a bee and being hit on the head by a stone. The actus reus is any act of the defendant that is unlawful and has the consequence of causing injury to the victim that the law classifies as a wound or grevious bodily harm
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CRIMINAL LAW THREE TYPES: Infractions- (like traffic tickets)‚ which are minor violations and‚ usually‚ the punishment is having to pay a fine. Felonies- are serious crimes like armed robbery‚ arson‚ carjacking‚ rape‚ assault with intent to do great bodily harm‚ drug dealing‚ and murder. This is only a partial list but the thing to remember about felonies is that you will have over one year in prison if convicted. Misdemeanors- are lesser offenses like assault‚ reckless driving‚ drug possession
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CRIME INTRODUCTION: ACTUS REUS 1. CRIME NATURE a. Actus non facit reum nisi mens sit rea – conduct does not make a man guilty without a guilty mind b. Two elements must be proved in Scots crime: i. Actus Reus – Wrongful Act/Physical Act ii. Mens Rea – Wrongful State of Mind/Mental Element c. Exceptionally – some crimes (usually statutory – speeding‚ parking) don’t require proof of Mens Rea 2. ACTEUS REUS a. Mere intentions do not make a criminal offence – there must be a criminal act or omission b
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THE FACULTY OF LAW CRIMINAL LAW I UNIT 4 ACTUS *REUS INTRODUCTION The cardinal doctrine of English Law is that an Act does not of itself constitute guilt unless the mind is guilty – Actus non facit recum nisi mens sit rea. The maxim draws attention to the 2 essential elements of a crime which are: ( 1) The physical element or the _actus _reus – the so – called “condition of illegality “ (2) The mental element or the mens rea – the “condition of the mind “ The general
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Mens Rea Cheat Sheet: 1) Direct Intent: purpose to cause it = purpose type intent or direct intent. 2) Oblique Intent: constructed when D does not intend result but foresees its occurrence as a certainty. Smith (1990) example: Plane Insurance bombing. 3) Itzhak Kugler (2004): states where there is only a 50% chance of explosion this should be conditional oblique intent and be a form of recklessness rather than intent. 4) MD (2004): states OI was created to help prosecution fill
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Actus Reus The physical element of a crime: o An act o An omission (failure to act) o A ‘state of affairs’ Conduct‚ consequence‚ circumstances. To complete an offence‚ mens rea is also needed. Strict liability offences do not require mens rea. A ‘state of affairs’ is an involuntary act: o Larsonneur 1933- D ordered to leave UK; brought back to UK against her will but Irish police. Convicted‚ despite involuntary act. Actus reus must be proved: o R v Deller 1916- D thought he’d mortgaged car‚ and
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Criminal Law Kiaira Knox 3.14.13. Criminal law addresses the government’s prosecution of individuals who have committed an act classified as a crime. Federal‚ state‚ and local governments categorize crime and prosecute criminals. This is the nature and purpose of law. Without laws‚ people wouldn’t know what to do. The rule of law is the belief that an orderly society must be governed by established principles (laws) and applied fairly to all of its members (basically stating that no one is
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Criminal Law Paper A country without rules to follow will be peril‚ just imagine how dangerous our communities would be. We would see crime in every corner‚ criminals will be everywhere‚ and people will not have peace. Many people ask what the purpose of law is and why laws are created. Criminal laws "deal with the crime committed against the public by the public and this laws focus on the general public and how they respond or take charges for the offenses they have made" (Criminal Lawyer Group
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carries out a wrongful act (i.e. the actus reus) at the same time as having a wrongful state of mind (i.e. the mens rea). The basic equation can be stated as: Actus Reus + Mens Rea = crime. The behavioural and mental elements of the crime must happen at the same time. There cannot be a gap between the two. For example‚ at the time the accused caused a death of the victim‚ he surely intended to or wanted to kill that person. In this essay‚ I will indicate and explain the significance of an accused person’s
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