Criminal Facilitation Analysis

1053 Words 5 Pages
Ratio Decidendi:
Judge Rebecca Steinman and the jury find Mason guilty of Criminal Facilitation because he commits both the actus reus as well as the mens rea in aiding the murder of Doctor Vinton.

Criminal Facilitation
Rick Mason is charged and found guilty of criminal facilitation by the judge in court. As stated in law, “A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person who intends to engage in criminal conduct, engages in conduct which provides such a person with means or opportunity for the commission thereof, and which in fact aids such person to commit the criminal conduct.” In order for one to be charged with criminal facilitation they must have committed
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Vinton. Mason ordered Scott Fisher to inform his father of the location of the interview, knowing that Sid Fisher had a very violent background. By giving away undisclosed information, and deliberately making the son tell his father the location of the interview, Mason is rendering aid to Sid Fisher who ends up committing the crime. Without the information given by Mason, the father would not have known the location and the murder would not have occured. Moreover, Mason provides many opportunities for the crime to take place, thus meaning he committed the second part of the criminal facilitation analysis of engaging in conduct, which in fact provides Sid Fisher with means and opportunity to kill Doctor Vinton. This is blatantly evident when Mason says it is unnecessary to have more security at the interview. Knowing the background of the case, and the emotions it has caused the Fisher family, it would make sense to have extra security to ensure total safety for all. Not having sufficient security, allowed Sid Fisher easier access into the location with a concealed weapon which indeed lead to the murder of Doctor Vinton. Due to Mason’s actions of providing the murderer with the …show more content…
For something to be considered mens rea, one must have the intent, knowledge, negligence, wilful blindness or recklessness that causes them to knowingly commit a crime. In this case, Rick Mason had the mens rea because he was reckless with his actions making him liable for the death of Dr. Vinton. The mens rea is recklessness because Mason foresaw the harm that may occur from his actions, but nevertheless continued regardless of the risks. This is conspicuous throughout the events in the case on many occasions. One of those being, that Mason knew of Sid Fishers violent past. He was aware that he got kicked out of the military, known for abuse and was on bad terms with his family because of his uncontrolled violent outbursts. With that information, he proceeded to go against the rules made for this interview, which included keeping the location, time and date of the account secluded. Aside from actually committing the act, Mason also fails to provide sufficient security, and for such a high profile case, one would reasonably want to take more safety precautions. In addition, Mason claimed that he thought the most that would occur would be a fist fight between the father and the molester, however with the knowledge he has and little actions he took, he was reckless to the thought that something more severe

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