law of intention is clear, simple, and still fit for purpose. Intention is one of the categories falling under the mens rea of murder. The law uses intention as one of the main methods of classifying offences, such as deciding between murder or manslaughter. The presence or absence of intention is what the law is interested in, not the motive behind the actions in question. The definition of Intention and how it can be found in the courts has continually been refined over the years in order to…
homicide, which relates to self-defense, defense of others, defense of home. Police use of deadly force. 2. Excusable homicide, which denotes insanity, diminished capacity, or by infants. 3. Murder, which is neither justifiable or excusable. 4. Manslaughter, all homicides without malice aforethought that are committed without justification or excuse. (Lippman, 2012, pg. 310). A prosecutor must base their case on that which is provable. This is one reason why there is plea bargaining. Another…
A person cannot be punished for thinking criminal thoughts. All crimes require actus reus and the mens rea which is the Latin term for the “guilty act” and “guilty mind”. But to prove whether a crime has been committed, it is usually necessary to show both the actus reus and the mens rea. However, some crimes do not require proof of mens rea; these are known as strict liability crimes. Within the actus reus, there must be both a voluntary act and a consequent result. There are, however, some…
For example, in the case of R v. Andrews, if the defence counsel, used the defence of provocation then they could have had the opportunity to reduce the charge of second degree murder to manslaughter, which would reduce the sentencing. When it comes to Ms. Andrews case she was charged with second degree murder, which has a maximum sentence of life in prison, but one is able to apply for parole after spending ten to fifteen years in prison…
Through the NIBRS, Law Enforcement Authorities (LEAs) reported data on each offense and arrest within 23 offense categories made up of 49 specific crimes called Group A offenses the law enforcement collect administrative, offense, property, victim, offender, and arrestee information and an additional 10 Group B offense category (Author Unknown, Jan 2013, p 6). By design, LEAs generate NIBRS data as a by-product of their respective Records Management Systems (RMS) (Author Unknown, Jan 2013, p 6)…
Both men and women suffer greatly from abuse whether it be verbal, emotional, physical or financial abuse. Intimate partner violence is usually referred to as domestic violence, which is a real world problem since the dawn of time. When abuse is spoken of usually the first gender to come into someone’s mind is a female and not a male, but in all reality anyone can be a victim of abuse. Battered men and/or women are beings who feel that they are in danger or are in a life threatening situation…
years and the deaths that occurred from drinking the water. The residents wanted someone to be held accountable for their actions. It wasn’t until June 2017, when the Attorney General officially charged eight state and city officials of involuntary manslaughter…
A man, named Tom Joad, was finally released from a state prison in Oklahoma after serving his years for a conviction of manslaughter. On his way home back to his family he runs into a man named Jim Casy, a former preacher. A neighbor walks by and tells them that the family is packing up to head to California to find work because they have been tractored off their land. In John Steinbeck's book, The Grapes of Wrath, demonstrates the life and hardships families faced during the periods of time of…
Triangle Factory Fire Essay On march 25 1911 a tragedy happened called the Triangle Factory Fire. Authors Albert Marrin and Zachary Kent both wrote about the event. The details percieve the fire. In both stories there are diffrences and similarities. In the first text they talk more about the tragedy and in the second story they talk about who is to blame. They are similar because both agree it was a tragedy. To begin, the first text by marrin talks more about the tragedy. Marrin…
After reading the support material, I can imagine how the people suffered this day (evening on Monday – March 12, 1770) when eleven guns were discharged. The British soldiers were looking to kill people, but Edward Archbald admonished Mr. Merchant to take care of the sword, one soldier turned round and struck Archbald on the arm, and then pushed at Merchant, cut his and grazed the skin. The noise called more people to fight, John Hicks a young lad, help him and around minute twelve of them…