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The components of law
The nature and extent of criminality
Punishment and sentencing in the criminal justice system
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The elements that is necessary under the Model Penal Code to establish the commission of a crime consists of mens reas and actus reus. Mens reas is the required mental state necessary to establish a crime; whereas actus reus is any act that is illegal or the failure to that results in a crime (Wallace & Roberson, 2008). Therefore, an alleged criminal cannot be found guilty of a crime if the prosecutor cannot prove beyond a reasonable doubt that the offender acted in an illegal manner and had the mental state required necessary in establishing a crime. The establishment of actus reus was created in order to prevent people from being punished for their thoughts. A person is only culpable when intent can be proven and then acted on.
Furthermore,
Men rea is used in determining whether an act is considered a crime, and is applied to an act if there is indication that the act was committed with intent or knowledge or a degree of recklessness. The mens era of murder is having malice intentions prior to killing someone, so the person has an intent to murder. The argument that helps support that Martineau did not have the mens rea for murder, is the fact that he did not shoot the couple, and instead it was his friend Tremblay who had fried the pellet pistol. Martineau cannot be held accountable since he had no malice intentions to kill the couple, his intentions were strictly centred with the break and enter, there is no evidence
Actus Reus: It was never unclear if the accused was responsible for the act occurring. There were several eye witness testimonies placing her as the offender which was backed up by CCTV footage from a camera in the lane. Furthermore, at the beginning of the trial the offender pleaded not guilty of murder but guilty of constructive manslaughter and that it was caused by reckless driving on her behalf. By claiming manslaughter the offender immediately takes full responsibility for the act regardless of what charge they are handed.
There is the question of what acts are voluntary. The Model Penal Code defines an “act” as a “bodily movement whether voluntary or involuntary” (Section 1.13 (2).) Even with this definition it makes distinguishing between whether an act “involuntary” or “voluntary” difficult in certain cases. The rationale of the voluntary act requirement and the reason for excluding criminal liability in the absence of voluntary action is explained in the case book as it being fundamental that a civilized society does not punish for thoughts alone. It continues to say that people whose involuntary move...
Actus Reus of Murder When a man of sound memory over the age of discretion unlawfully kills
Initially, the mens rea of rape prior to the case of DPP v Morgan a defendant cannot be found liable for rape if he had the reasonable belief that consent was formed between them and the victim. Which leads to an unfairness to those victims that have been violated, and also that any person accused of rape could say they had belief in consent. Although, it was shown not to matter how unreasonable that belief may have been, in concerning the knowledge or lack of knowledge of consent. Needless to say, the current law has attempted to improve and develop upon this concept, though it may not be completely satisfactory. The 21st century initiated a new state of trying to improve the current laws and precedents on the definition of rape, the prior precedent simply not suitable for the 21st century. Various cases after Morgan , prior to the act that redrew and reformed the Mens rea of rape, came to court and illustrated how the principle of Morgan operates. In Kimber the defendant (D) was charged with sexually assaulting a mentally disordered woman. It had to be determined whether his interference was in fact an assault, even with the D’s claim of consent to his actions, though she claimed otherwise. The court came to find that the mens rea for assault is intentionally touching a Victim (V), unlawfully, i.e. without consent. However, due to the fact that the D believed the consent was there, however unreasonably, he therefore lacked the mens rea of the assault and therefore not guilty.
The “mens rea” of first degree murder is that the person, with time and intent, planned out or premeditated the murder. The “actus reas” of first degree murder is the actual act of committing the murder after planning it (Lippman, 2006).
The term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that wa...
Be sure to address the four types of sentencing models and the issues surrounding them (equity, truth-in-sentencing and proportionality).
Crime can be described combination between both behavior and mental factors. This will prove incredibly crucial in the definition of crime in relation to mental illness. Many of those that commit crimes are not convicted due to their illness so it is important to note, for the purpose of this analysis, that all illegal activity is considered crime, regardless of conviction (Monahan and Steadman 1983).
Explain sentencing and the theories behind it. Include the sentencing models and how they are supposed to work.
To be criminally liable of any crime in the UK, a jury has to prove beyond reasonable doubt, that the defendant committed the Actus Reus and the Mens Rea. The Actus Reus is the physical element of the crime; it is Latin for ‘guilty act’. The defendant’s act must be voluntary, for criminal liability to be proven. The Mens Rea is Latin for guilty mind; it is the most difficult to prove of the two. To be pronounced guilty of a crime, the Mens Rea requires that the defendant planned, his or her actions before enacting them. There are two types of Mens Rea; direct intention and oblique intention. Direct intention ‘corresponds with everyday definition of intention, and applies where the accused actually wants the result that occurs, and sets out to achieve it’ (Elliot & Quinn, 2010: 59). Oblique intention is when the ‘accused did not desire a particular result but in acting he or she did realise that it might occur’ (Elliot & Quinn, 2010: 60). I will illustrate, by using relevant case law, the difference between direct intention and oblique intention.
Attempted murder, involved the voluntary act of Jack pointing a gun and firing it (act) at Bert that resulted in (causation) death of Pratt (social harm), which proves the elements of actus reus. ...
A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability from a criminal offence. Insanity, automatism and diminished responsibility are examples of said defences. They each share characteristics but can be distinguished in their scope and application.
Mens rea known as the “mental element” of an offence has long been regarded as a crucial factor in criminal law, aiming to ensure that only those who are blameworthy are punished for crimes thus inputting the role of fairness into the criminal law system. H.L.A Hart agreed with this fairness rationale arguing that it would be wrong to convict and punish anyone who had not been given ‘a fair opportunity’ to exercise the capacity for ‘doing what the law requires and abstaining from what it forbids.’ “The general rule is that no crime can be committed unless there is mens rea.” But this is departed from when creating strict liability offences.
Actus reus, mens rea…A guilty crime, a guilty mind. These words ring true for and crime, whether it is a simple misdemeanor, or as bad as a felony. Crimes can be any manner of things, from crimes against the person to crimes against property and against justice. The law has the extent of inchoate offenses, or “planning” to do a crime. These include an attempt at serious crime, conspiracy, incitement, or solicitation of services. Each of these is viewed differently in the eyes of the public and the eyes of those who interpret the law. In the United States, crime was at one of the highest rates in the world in the 1990’s, but has since decreased steadily. However, through massive amounts of mainstream media, the public is now far more aware of crime that does happen. The U.S. now spends far too much money and time focusing on legislation involving capital punishment, allowing jails to become over crowded with too-small crimes such as possession of marijuana, allowing ridiculous amounts of money to be spent on jails and prisoners.