The incidents that the police might successfully investigate In this particular case, there are many various incidents that the police may be able to investigate. The police will look into the possession of marijuana, sexual assault, impaired driving, property damage, and fraud. The police may be successful in charging Fred in all these incidences. When these incidents occurred, Fred was conscious and was able to determine from right and wrong. Fred understood that he was doing illegal activities when he purchased the bag of marijuana from his friend. Even though laws are changing around marijuana, today it is still illegal and may have criminal consequences when in possession of marijuana. As Fred walks by the young female by the washrooms, he shows signs of interest but she declines. Afterward, Fred proceeded in assaulting the young woman sexually by touching …show more content…
In this essay, the author
- Opines that fred's lawyer will use the evidence of a breathalyzer to have the charges of breaking and entering and murder dropped.
- Opines that fred's case is a win-win situation for both the defense and the crown attorney.
- Analyzes how the police may be successful in charging fred for possession of marijuana, sexual assault, impaired driving, property damage, and fraud.
- Explains that mens rea is also known as "the guilty mind", meaning criminal intent, or the willful intention to commit a crime.
Actus reus is the criminal act made by a person. In many cases, the actus reus needs a mens rea for conviction. In the incident of the sexual assault on the young female, Fred understood that the young woman was uninterested in him as she showed him no signs of interest. After the young woman expressed herself Fred touched her behind with no consent. The mens rea in this incident is Fred understanding that the female was uninterested but continued to act on his thoughts. The actus reus, in this case, is when Fred actually made physical contact with the young woman with no consent from her. Another crime that Fred committed was possession of marijuana. Fred purchased a bag of marijuana from one his friends that evening with the intentions of having a few joints that evening. The mens rea in this crime was that Fred intended of smoking an illegal drug that evening. The actus reus in this incident is Fred illegally purchasing the marijuana from one his friends at the
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- Criminal Law: Actus Reusexplanatory essayActus reus refers to a criminal act that occurs or happens as a result of voluntary bodily movement (Dressler, 2015). In other words, it is a physical activity that harms an individual, or damage properties. Every physical activity such as murder to the destruction of public properties qualifies to be an actus reus. It consists of all the elements of a crime other than the state of mind of the offender. Apparently, it may consist of conduct, the state of affairs, result, or an omission.
In this essay, the author
- Explains that actus reus refers to a physical activity that harms an individual, or damages properties.
- Explains that mens rea is a criminal law, concerned with the intent or the state of mind of the defendant.
- Explains that contemporaneity refers to the apparent need or requirement to prove the simultaneous occurrence of both actus reus, which is the "guilty act," and the mens mind, to establish or constitute a crime.
- Explains that crimes can be classified into two types of intents: general intent and specific intent.
1144 wordsRead More - First Degree Murder Convictionanalytical essayThe “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).
In this essay, the author
- Explains that first-degree murder is to kill someone with malice aforethought, meaning it was planned, premeditated. the death penalty is recognized in thirty-eight states.
- Explains that to plan or deliberate is premeditation. there must be a period of time for the person to form the intent to kill.
- Explains that first-degree murder includes willful, deliberate, and premeditated crimes, including burglary, excluding petty offense of shoplifting.
- Explains that the "mens rea" of first degree murder is the person, with time and intent, planned out or premeditated the murder.
- Explains that the laci peterson case is a good example of first-degree murder. the slaying of the unborn child, conner, was not premeditated and deliberate.
- Analyzes how 174 witnesses and hundreds of pieces of evidence depicted scott peterson as a liar and philanderer who smooth talked amber frey, his massage therapist girlfriend, while he was publicly yearning to find his missing wife.
- Concludes that they disagree with the sentencing of scott peterson to death just based on circumstantial evidence.
- Opines that scott peterson is probably guilty as sin and should have been sentenced for jail time, but the evidence presented is not enough for a conviction to sentence anyone to death.
- Analyzes how kobe bryant's rape case was publicized too much on national television, resulting in the leak of the victim’s name which started the case downhill from there.
- Opines that if a person is proven guilty of murder, they deserve the death penalty, but only with hard evidence, not circumstantial evidence.
881 wordsRead More - Guilty of Omitting a Dutynarrative essayactus reus of the crime. It is when a defendant does not have the mens
In this essay, the author
- Opines that the law will punish someone if they are under duty to act, but omit it.
- Narrates how they held rea when he was on the foot and wouldn't move.
- Explains that actus reus of the crime is when a defendant does not have the mens.
- Opines that patients should live and be in pain, or die and not die. in nhs r v bland.
- Opines that r v gibbons and proctor (1918) were omitted.
- Narrates how they opened the gate to let a car through but then forgot to close it.
- Opines that when someone is assumed a duty of care, it is an omission, as in r v.
- Narrates how the man tried to put the fire out and went back to sleep. he was charged with arson, as he did not attempt to.
563 wordsRead More - Mens Rea Case Studycomparative essayFor most of the crimes we must consider two elements of crime which are the Mens rea and the Actus reus. To establish criminal behaviour, the Actus reus and the Mens rea must occur at the same time. To explain this further an example of this is, imagine that person A shoots person B, where person A is intending to kill person B but completely misses. However, later person A accidentally runs over person B, where person B’s life is taken away. Person A is not found guilty of person B’s death.
In this essay, the author
- Explains that an objective test is a test where the answers vary from right to wrong and may be marked objectively. it was used to decide the oblique intent in dpp v smith's case.
- Explains the second level of mens rea, which is recklessness. in r v cunningham, the appellant ripped a gas meter from the wall and caused gas to escape.
- Concludes that the actus reus can be carried out as an omission where the duty imposed by law exists.
- Explains that the mens rea and the actus reus must occur at the same time to establish criminal behaviour.
- Explains that the actus reus is a criminal act that harms other people or damages property.
- Explains that the second part of a continuing act is the assumption of responsibility.
2137 wordsRead More - Police Brutality, State And Defense Attorneyanalytical essay...dant, is facing felony charges for possession of marijuana and illegal paraphernalia, and allegedly attacking a police officer while resisting arrest. The defense wishes to have the case dismissed on grounds that Siljander used excess force during his arrest giving the defendant the right to resist as self defense.
In this essay, the author
- Explains that state and defense attorneys gathered to determine if a phoenix police officer is the victim or villain during oral arguments at the maricopa county superior court.
- Analyzes how the room seemed oppressive awaiting the entrance of judge hugh e. hegyi, while the attorneys huddled in hushed whispers with their second chair advisors.
- Opines that the defense investigator and the police department had a miscommunication as to what files were being requested.
- Explains that hegyi maintained that the documentation was unsupportive to grant the dismissal. he told krejci that she needed to point out the specific items within this record.
- Analyzes how hegyi asks for chapter and verse, and krejci explains that officer siljander had motive to lie about his actions.
- Opines that hegyi doesn't have that understanding about this. he needs to know exactly what he's talking about and see what materials.
- Analyzes how feeney argued that the content of the file contained mainly complaints and nothing that required formal disciplinary action was irrelevant to the trial.
- Explains that tommie payan, the defendant, is facing felony charges for possession of marijuana and illegal paraphernalia, and allegedly attacking a police officer while resisting arrest. the defense wishes to have the case dismissed on grounds that siljander used excess force during his arrest
- Explains that feeney maintained that payan's injuries weren't due to the officer’s use of excessive force but from resisting arrest. hegyi asked for further documentation and reiterated that until he received the necessary items from both attorneys.
749 wordsRead More - Keith Romig's Pursuing Of Evidenceanalytical essayUp until this point, the photos of Levene with children can only be described as "indecent" because only kissing is involved. Now a new set of photos surface, this time clearly showing Levene raping a young girl. The victim, Jane Denton, provides a statement for the Unit. Her father, now dead, was essentially her pimp. Along with abusing her himself, he also forced her perform in child pornography. He was the one who introduced her to Julian. This provides the Unit enough evidence to formally charge Levene for rape of a child. Because Romig helped hide the incriminating photographs of Levene, he is also charged for conspiracy to commit child rape.
In this essay, the author
- Explains that six months after the initial search of keith romig's house, the unit is still cataloguing the massive amount of seized evidence.
- Explains that levene's photos with children were indecent because only kissing was involved, but a new set of photos surface, clearly showing him raping jane denton. her father, now dead, was essentially her pimp and forced her to perform child pornography.
- Explains that operation doorknock has identified three men involved in a pedophile ring.
- Narrates how the detectives send out copies of the photos to other precincts in an effort to identify the suspect. they locate "hazelcot" as a bungalow owned by 80-year-old trevor mellis.
- Analyzes how trevor mellis was revealed as the creator of the hazel ascot appreciation society. julian levene contributed to the society by creating a guide for the predators on how to engage in pedophilia.
- Describes how the unit wraps up operation doorknock, now a two-year investigation, by identifying levene's niece, sara, as an additional victim.
- Analyzes how sara's statement gives the unit enough to charge levene with indecent assault of a child, along with the previous charges of making, distributing, and possessing in decent photos of children.
660 wordsRead More - Actus Rea Elementsexplanatory essayThe evil act or actus rea, is priority. Without the act itself, there is no crime and therefore no one to stand accused of the crime. An idea thought or notion without action is not a crime; there must be an accompanied action. In order to prove guilt, you must be able to prove action and that action must be voluntary and without
In this essay, the author
- Explains the three elements of criminal liability, actus reus, mensrea, and concurrence, which are the building blocks when investigating and prosecuting a crime.
- Explains that the evil act, or actus rea, is priority. without the act itself, there is no crime and therefore no one to stand accused of the crime.
- Explains that actus reus is in effect if the offender's actions are voluntary, habitual, or planned. these include reflexes, stages of conduct during sleep or while unconscious.
- Explains that the guilty mind or mens rea is the second must-have element in this process. an offender cannot be held criminally responsible without some degree of intention.
- Explains the stages of traditional, statutory and common mens rea, wherein the level of involvement or culpability of the crime is considered.
- Explains that intent is the most important element of common mens rea. other elements include malice, intent, negligence, and endangerment.
- Explains the two types of concurrence: temporal and motivational. temporal concurrence occurs when the mens rea accompanies the actus
- Explains the meanings of the intent of a crime, whether it be general or specific, are perplexing and inconsistent.
- Explains that criminal law is like cooking. to appreciate the look and taste of a chocolate cake, you must know exactly how much of each ingredient is in the cake and when to add or mix these ingredients together.
1208 wordsRead More - Examples Of Cliquesexplanatory essayAndrew hasn’t had and involvement within the legal system since the age of 16. He and Billy were walking home one day around 6 o’clock. He states that it was in November because he remembers having a conversation with Billy about Thanksgiving. They unknowingly walked in an active robbery scene at a small convenient store a block from where Billy lived. The police arrested both Andrew and Billy. They later were released and all charges were dropped after the store owner, Dan Humphreys, gave a statement clearing their names. Andrew states that he has no other legal involvement. He states that a couple of hours in holding made him never want to go to
In this essay, the author
- Narrates how danielle has been friends with chelsea and brittany since high school. she says that she uses facebook to stay in contact with them.
- Explains that andrew considers billy to be a close friend since billy moved to texas. andrew is close to his older cousin maurice but they are not able to spend as much time together because of andrew’s decline in health and him having to look after his grandchildren.
- Explains that macy was always sociable, but she didn't identify any close friends. she had a "clique" but would not consider them close. danielle states that noel and joy were inseparable.
- Explains that mason's social contact is with family or physicians. he is amped with medication most of the time, but he is a normal toddler.
- Explains that danielle has been involved with the legal system in regards to drinking while driving.
- Explains that andrew hasn't been involved in the legal system since the age of 16. he and billy were walking home one day around 6 o'clock. they unknowingly walked in an active robbery scene at a small convenient store.
- Explains that macy was involved with the legal system on one occasion, two months ago. she was out with friends on a saturday night at 2 o'clock.
799 wordsRead More - R v Maglovskianalytical essayThe term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that wa...
In this essay, the author
- Analyzes how mr. maglovski's self-reporting acted as a mitigating factor in the r v magloski case as it showed his willingness to cooperate with law enforcement authorities
- Explains the nsw bureau of crime statistics and research's "crime and justice statistics."
- Explains dragi maglovski's conviction for the murder of his wife, rosa, after a 7-day hearing in the supreme court of new south wales.
- Analyzes how the term ‘actus reus’ refers to the thing that the offender did that was wrong.
- Explains the social factors that may have led to mr. maglovski murdering his wife, including loss of control as a result of provocation, and the influence of his culture.
- Explains the three courts that would have played a role in the r v maglovski case: the local court, the coroner's court and the supreme court of new south wales.
- Explains the legal representation in the r v maglovski case consisted of the prosecution and the defense.
- Analyzes how mr. maglovski pleaded guilty to manslaughter on the basis of provocation after his wife insulted him over the 9-month period prior to her death.
- Explains the aggravating and mitigating factors of the r v maglovski case that affected the sentencing decision.
- Explains that mr. maglovski was charged with the murder of his wife, mrs. rosa, but his sentence was reduced due to mitigating and aggravating factors.
- Analyzes how 'finish the job': husband guilty of wife's murder after "cumulation of insults."
- Explains black's law dictionary: definitions of american and english jurisprudence, ancient and modern.
- Explains the definition of penalty noun from the oxford advanced learner's dictionary.
- Explains that "husband jailed for murder as claim of provocation rejected." the sydney morning herald.
- Cites phillips, robin, susannah pollvogt, and karen brooks. "domestic violence in macedonia." the sydney morning herald.
1614 wordsRead More - Law Enforcement Case Studyargumentative essayThroughout the history of America there has been a form of law enforcement present. In the 1600’s, watchmen and constables were the law enforcement officer. These positions were voluntary, and sometimes even obligatory. As time progressed law enforcement became much more time consuming and dangerous. This created the need for a twenty-four hour police force. In 1833 Philadelphia created the first twenty-four hour police department dedicated to prevention of crime and apprehension of criminals. Soon after Philadelphia created their police department, Boston and New York followed.
In this essay, the author
- Explains that the organizational culture of police agencies is the biggest obstacle when changes in the traditional bureaucratic style are proposed. implementing ethics training to improve decision making is one step towards creating a legitimate department.
- Explains how law enforcement became more time-consuming and dangerous as time progressed, leading to a twenty-four hour police force.
- Argues that ethics training is essential for law enforcement personnel due to the nature of the position and the potential for liability.
- Concludes that decision-making within law enforcement needs to be centered on ethical considerations. the international association of chiefs of police recommends ethics training be integrated into continuing training and in-service training curriculums to reduce department liability.
1252 wordsRead More