In this case, when Mr. Jefferson attacks Mr. Madison, there is an “ordinary and foreseeable consequence” of Mr. Madison that would lead to his death. Mr. Jefferson aimed his attacks at Mr. Madison’s face, and intended to inflict harm on Mr. Madison, but not kill him. Mr. Jefferson’s attacks alone were not the cause for Madison’s death because the victim was able to make it alive to the hospital, live overnight, and only die when the medical staff negligently failed to restrain him. The defendant had no control over the negligence of the hospital staff. The victim died because he went into a convulsion, pulled out his nasal tubes, and suffocated to death.…
First, in a crime of attempt there are two major factors that must be present: criminal intent, and a criminal act. The intent must be done purposefully. Meaning that if a man died because his brother shot him, the brother would have had to purposefully pick up the gun and had the intent to shoot him. For a criminal act to occur, the defendant must have gone beyond preparation and moved toward the perpetration of the crime. It is important to remember that If perpetration has not occurred there is no criminal act.…
Question 1: A: True. Malice aforethought is “a planned killing motivated by spite” (Woolman, Homicide). Additionally, there is express malice. Express malice is the “defendant’s subjective intent to kill”, or more specifically their feelings or opinions (ChartaCourse). Hatred or the emotional equivalent is a person’s feelings or opinions and goes directly to subjective intent to kill.…
Jacob, good job in your discussion post this week there are most definitely similarities in both felony-murder as well as white-collar crime; I feel like you did a great job in separating the two. When one looks at the crime of murder many times it is more of emotional based crime for many people and conclusions can be drawn very easily for most of us as to what is right and what is wrong. When it comes to white-collar crimes, as you know from experience those cases can many times become very complex and lead investigators down many different paths. What is first thought at the beginning of the investigation many times is not what has actually occurred. Great job using the examples in your post to explain your statements, which allows many…
INTRODUCTION Traditionally the actions and behavior of individuals that fall under the category of serial killer has been derived from factors such as an immoral upbringing or even past physical, sexual or mental abuse from their early childhood experiences. Serial murder is a term that describes an individual that has committed over four murders in a relatively short time frame. Serial murder has plagued the criminal justice system with a number of the worst offenders in human history. These offenders have exposed the disgusting capabilities of evil actions and dehumanizing violence.…
In order to determine whether an individual is criminally responsible, the actus reus which is the voluntary culpable act and the mens rea which is the mental state of mind, the guilty mind should both be present beyond a reasonable doubt during the criminal act (Verdun Jones, 2014, p. 23). According to section 229 (a) of the Criminal Code, in order to be convicted of culpable homicide, the intention to inflict bodily harm that is likely to result in death is required (Verdun Jones, 2014, p. 43). According to the Forensic experts, Lightwood’s death did not result from the injuries when he was attacked by an ice pick but rather from the effect and exposure he suffered from the fall. It is important to determine whether the mens rea of…
Kyle Good job by bringing out as what out text discussed, the two separate types of mens rea or intent. General intent, which is defined as the intent to do the act or omit to do the act. Specific intent is defined as any other type of intent (Brody & Acker, 2010, p. 76). I think that many people miss the difference between the two and don’t really under stand the difference between the two and what crimes fall in the category of either general or specific intent. Specific intent, defendant must have the specific intent to commit the crime.…
The most important difference between 1st degree murder and 2nd degree murder is the element of Intent. The element of a crime is the basic part, or the cause for the action. For example, intentional, unwanted, physical contact. These can each be an element of crime. (Hall, 2016).…
A person’s life has been heinously taken due to no fault of their own. Family and friends of the deceased have mourned, children have lost a parent, parents lost a child, and wives lost a husband. There is no way to ease their pain but, all they want is justice but, will they get it? When the murderer is finally caught the family is elated with joy and anticipate justice will prevail. But, there’s a catch, as the suspect’s defense attorney is claiming he was insane at the time the crime was committed and intends to plead just that.…
LEGAL CITATION R v Mulvihill [2014] NSWSC 443, 16 April 2014, Fullerton J ELEMENTS AND CIRCUMSTANCES OF THE CRIME ELEMENTS- Murder – Section 18 of the Crimes Act 1900 (NSW) • Actus rea – An act or omission causing death. • Mens rea – Recklessly indifference to human life, or intention to kill or inflict grievous bodily harm.…
Mens rea is Latin for a guilty mind. Mens rea refers to what a defendant was thinking and what they intended when the crime was committed. Mens rea helps to differentiate between someone who did not mean to commit a crime and someone who intentionally committed a crime (Findlaw, 2017). According to Brody and Acker, mens rea is when a person honestly did not know that their conduct was against the law and had no conscious awareness of wrongdoing.…
The actus reus of murder in essence is the physical act of committing murder. It requires three elements. Causation, which means that something happens, and the result as for this is death. Causation itself can be split into legal causation and factual causation. The latter, follows the 'but for ' test, 'but for ' subject B being stabbed by subject…
Chalfin and associates determined that controlling for murder, arrest rates, capital convictions relative to murders, and executions relative to lagged convictions are problematic for research involving the “rational offender model” because of possible changes in enforcement and policy. From state to state there are variations in the time from conviction to execution, with some executions being overturned. These factors can affect an individual’s decision to commit murder. Following this line of thought, Paul Horton and Gerald Leslie had this to say about the relationship between punishment and crime: “The misplaced faith that punishment may rest upon the unrealistic assumption that people consciously decide whether to be criminal – that…
Murder is defined as the unlawful, malicious, and premeditated killing of another human being. For the purpose of law, the term ‘malice’ refers to a willful and intentional act without just cause, and ‘premeditated’…
The prevalence of criminal activities in our society has really seized my attention. Every day, whether it is on TV or the radio, there is always some new crimes being reported. Some of these crimes are understandable if we take into account the offender upbringing and circumstance(s). But others are inconceivable, and allow no room for tolerance because of the criminal men 's era. Our society is witnessing various crimes that impel us to question ourselves, as to what might be the main factor of human criminal behavior -- nature or nurture.…