Criminal Conduct and Criminal Law Essay
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 …show more content…
Direct intent is known as the normal situation where the consequences of a person's actions are desired. Oblique intent comes in the situation where the consequence is known by the defendant as virtually certain, although it is not desired for its own sake, and the defendant goes ahead with his actions anyway. If an individual does not have the required mens rea however, has engaged in the actus reus then depending on the case or the circumstances surrounding the case more than likely there is enough room to convict a person of the said crime. When a perpetrator has the proper mens rea they have the intention and the knowledge of the crime that they have committed. For example, if an individual plans to murder his friend for sleeping with his girlfriend then they have the knowledge and the intent to commit the crime. If an individual has a person in their home who was told to leave and refused to leave so they took the opportunity to remove that person from their home and the person swung and hit them so they defended themselves and hit them back and were accused of battery they did not have the required mens rea however they did have actus reus. In this case I do not believe that a conviction would be warranted. When an