Actus reus

The definition of murder under the common law has not changed very much. Common law defines murder as death by poison, lying in wait, imprisonment, starvation, willful, deliberate, and premeditation killing. A homicide occurring during arson, rape, robbery, or kidnapping is also included under murder. First degree murder is defined as specific intent to kill, second degree is general intent to kill. Punishments for murder were life in prison without parole, and the death penalty; only if…

What are the six general categories of criminal law violations? Describe each, and rank the categories in terms of seriousness. Then list and describe the eight general features of crime. What are the “three conjoined principles” that comprise the legal essence of the concept of crime? The six general categories of criminal law violations range from the treason to simple offenses such as a parking ticket. In the following report, I will attempt to explain the different categories of criminal…

S2(1)(a) ‘Dishonestly makes a false representation , S2(1)(b) ‘and intends, by making the representation’ , S2(1)(b)(i)’to make a gain for himself or another’ , S2(1)(b)(ii) ‘or to cause loss to another or to expose another to a risk of loss’ . The actus reus (AR) for this offence is ‘a false representation is made’ . A representation can be a statement of fact or law and can include ‘the state of mind of the making the representation’ , ‘or any other person’ . ‘A representation may be express…

state of mind, or intent, on the part of the actor. Additionally, to establish criminal liability, there must be a concurrence (agreement) between the act and the intent. The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return. State of Mind—A wrongful mental state, mens rea is also typically required to…

For an individual to be blameworthy and criminally responsible for their actions, the accused person must have committed the actus reus and the mens rea. In the case of the accused pleading Not Criminally Responsible on Account of Mental Disorder (NCRMD), the court focuses on whether the accused had the mens rea while committing the alleged offence (Verdun-Jones, 2015). If the accused person did not know what he or she was doing was wrong, or did not appreciate the conduct or omission, the…

There once was a boy named Tim. Tim grew up in a poverty stricken home. His father deals drugs in an effort to combat their poverty. Tim’s mom is an alcoholic. When Tim turns eighteen he joins a gang and enters the drug business. He is them arrested and put on trial. The judge must decide how to punish Tim. Two prominent forms of punishment are set before the judge: rehabilitation or retribution. What are these forms of punishment and how are they different? Though both are…

the charge of rape, but possible murder as well. In all criminal cases, the prosecution refers to the essential elements of crime to provide evidence beyond a reasonable doubt. Examining the brothel boy case, the boy committed an act considered actus reus due to the fact of the force used during intercourse, however, there was no criminal intent of rape and/or causing the head wound…

1 a) There are significant charges that could be laid against Alfred, Emily, and Buzfuz. The charges of failure to preserve their child’s life are laid against Alfred and Emily because the parents showed disregard for the safety of their son Job. Alfred and Emily have a duty imposed by the law as parents to provide the necessaries of life to their son under “s. 215(1)” to ensure that their young son Job receives his daily insulin injections in order to benefit his health. This implies that the…

Both criminal and civil cases involve two parties that have concluded a disagreement cannot be resolved amongst themselves, and requires legal intervention. Civil cases are initiated when one party to a non-criminal action feels they have been wronged and are unable to reach an amicable resolution with the other party themselves. Criminal cases involve two parties also, but one of these parties is acting in representation of the government and the dispute involves a violation of a criminal…

punishment of antisocial behaviors. It can be in the form of a fine, imprisonment, or a task or action a party must perform. For someone to be convicted of a crime, there must be a mens rea, guilty mind, i.e. intention to an antisocial action, and an actus reus, guilty action, which is the antisocial…