Actus reus

When discussing criminal responsibility, moral responsibility will always play a part within the analysis. One of the main theories in regard to moral responsibility which relates directly with criminal responsibility, is the concept of moral luck. This theory will be assessed further within this paper, with reference to relevant case law. Typically, we associate responsibility with a voluntary actions. Therefore, blame tends to be assigned to the individual when they voluntarily carry out an…

Crimes happen every day, all across the world, and many different types of people commit crimes. For a crime to be committed, in the eyes of the law, the person must have a mens rea, the intent on doing said crime, and an actus reus, which is actually committing the crime itself (“Mens Rea”, para. 2). If the person is missing either of those two elements, they have not actually perpetrated a crime. It is not uncommon for people to think about doing a crime, whether it is a thought about hurting…

Evans was whether to treat the agreement as a normal contractual agreement for sale or purchase or it should be fashioned as conspiracy in the criminal perspective. The court was guided by the latter in this case since the entire act fulfilled the actus reus element of a crime. A person may be guilty of procuring if he encourages or induces an act to done even though it is not beneficial to him. It has been argued that if the employee was not aware of the essential facts that amount to the…

taken in to account in ordinary legal processes. Motivations are used to determine intent, which in turn affects the outcome of the trial or sentencing process. A basic tenet of our legal system is that mens rea, a guilty mind, must be combined with actus reus, a guilty act, in order for a crime to occur. Criminals choose to act on their thoughts, making their thoughts of relevance to the legal…

evident in the lack of female judges. Feminist research also includes criminal violence against women, particularly by men and of a sexual nature . The application of gender stereotypes is an obstruction in pivotal elements of law, such as mens rea, actus reus, liability defences and contentious judicial decisions. Feminism is also in discord with similar bodies of legal theory, such as liberalism . ‘Feminist…

Deception is an ordinary and ubiquitous fact of everyday life, as both verbal and non-verbal social behavior of human nature (1). Earliest representations of feigned madness appear within texts as old as the Bible (2) and the first reference to malingering from medicine can be found in “On Feigned Disease and the detection of them” by Galen in 2nd century AD (3). An individual’s deceptive behavior becomes clinically significant when it is encountered in medical settings if the individual is a…

Technically and ideally, a crime has not been committed unless all seven of the following elements are present. These elements must be present: Harm, Legality, Actus reus, Mens rea, Causation, Concurrence, and Punishment. Only in a technical and ideal sense must all seven elements be present. (Bohm & Haley, 2012, p. 29) 7. Legal Defenses for Criminal Responsibility In the United States, an offender is not considered…

Our Justice system came to this country with the settlers from England. The systems mirror each other and each have evolved to our present systems. As with all systems our justice education systems has flaws. Remedies such as reintegration need to be implanted to help address some of the justice systems flaws. In my proposal, I will touch on the subject of our youth and how we need to educate them before they become a statistic in our criminal society. Rehabilitation is often cited as the…

Facts of the Case On October 5, 2012, the case of R v. Mabior was taken to the Supreme Court of Canada; her Majesty the Queen is the appellant, and Clato Lual Mabior, the respondent. As well, nonparties known as the interveners are of grave importance to this imperative matter. There were a total of twelve interveners, including: Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario, just to name a few (see Appendix A for full list). This case falls under the scope of criminal law…