Actus reus

mental disorders used by mental health professionals in the United States (citation), Ina legal court case, if a person is to be convicted of a crime, it is the responsibility of the prosecution to prove that the accused engaged in a guilty act (actus reus) as well as having guilty intent (mens rea) (citation).However, if a person commits a criminal act with the intent to commit the act,but is suffering from a…

I. THE THIN SKULL RULE AND THE FAULT: The Thin Skull rule is considered in the element of causation. However, due to the flexible attitude of the courts and case law (S v Van Den Burg) that has considered the foreseeability theory in legal causation. It can be said that the rule traverses a very thin line between causation and fault, specifically strict liability. The distinction of the thin skull as a ‘magic circle’ by Dean Prosser: “It is as if a magic circle were drawn about the person,…

To determine whether a person committed a crime or not is the tricky part. Stated in the book CJ in the USA: An Introduction to Criminal Justice “Almost all crimes involve a criminal act (actus reus or guilty act) and criminal intent (mens rea or guilty mind))”(Byram,2014). In order for an act to be classified as a crime it has to have two things intention and action. Criminal Act would be if two friends were hanging out and friend a kicks…

why they are important concepts in legal aspects within the court of law. With that being said, there are four elements to any crime committed. Each one of these elements must be proven before someone gets charged with the crime. The first one is Actus Reus, which is to be said, “as the material or objective element” (Aydin, 2014). Basically, it is the physical act of the crime being committed. The second element is, Mens Rea. Which is stated to be, “the mental or subjective element” (Aydin,…

The criminal justice system is made of rules that are in place to not only protect the victim and the convicted, but also the prosecution and the defense attorneys. The system is governed by these guidelines from the time a police officer suspects a crime all the way to the day the offender is released from prison. The steps for an individual to be convicted of a crime must start with the arrest, and fallow the process in order to the pre-trial, trial, and appeals. There are different…

crimes. For example, the five classification of crime which includes, felonies, misdemeanors, malum In Se crimes, malum prohibitum, and infamous crimes. I also learn the issues and rules of law, which includes the five elements of crime which are actus reus, men’s rea, concurrence, causation, and resulting injury or crime. The prosecution must prove all this five elements in order to convict somebody of a crime. New information I learned was that there are two types of law. The first one is the…

The perception of criminal intent in Criminal Liability is known as ‘mens rea’, which means to be wrongful or illegitimate desire. If a human being without having harmful intention causes harm, then that person lacks mens rea and, by this logic, should not be criminally sued. Despite the fact that the approach of mens rea is mostly accepted, complication takes place in implementing it to appropriate cases. Several crimes need a very huge degree for intention, while others need considerably less.…

race and gender (along with sexual orientation, parenting status, and more) should not impact the outcome in conviction or sentencing decisions checks individual biases within the justice system. In all cases, unless a factor directly impacts the actus reus or mens rea of the accused, the proof of the crime itself should be the system’s focus when forming these decisions. Individualization within the justice system allows for the best kind of punishment there is. Not only does it better…

Case I: Giroie v. Montgomery (1030-1093, France): This case could exist under a mixture of law systems and mentalities. If the case was to interpreted as occurring after 1080, elements of Corpus Iuris Civilis, Justinian 's rediscovered law codes could come into play. Given the prevalence of vendetta and the ordeal, however, this is unlikely. This case is primarily viewed through the lens of Germanic “barbaric” law, since the deeds are viewed as private wrongs, rather than public crimes, as”the…

This report will look in depth at the statement of weather or not hacking is a criminal activity. Firstly, looking at the definition of computer crime and identifying the correlations and differences between traditional crime and computer crime. Similarly looking at criminal activity and what criminal activity is. Also looking at hacking and how it is defined, before finally making a final critical opinion if ‘hacking is not a criminal activity’ or not and look at the law and legal issues that…