Search Results

Free Essays
Good Essays
Better Essays
Stronger Essays
Powerful Essays
Term Papers
Research Papers

Your search returned 313 essays for "mens rea":
1  2  3  4    Next >>

These results are sorted by most relevant first (ranked search). You may also sort these by color rating or essay length.

Title Length Color Rating  
The Definition of Rape and Proving the Mens Rea is Taken in an Objective Direction - 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....   [tags: mens rea, rape, consent, sexual offence]
:: 13 Works Cited
1706 words
(4.9 pages)
Powerful Essays [preview]
Mens Rea: The Mental Element - 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....   [tags: fairness, liability, law] 744 words
(2.1 pages)
Good Essays [preview]
Application of Mens Rea and Juvenile Culpability - Introduction Looking back into the annals of executions in the United States, history shows that persons as young as fourteen years of age were executed. In 1944, a black teen by the name of George Stinney was electrocuted for the beating death of two white girls and was convicted of murder and electrocuted. This event occurred in Columbia, South Carolina. (ABC, 2013) Many other states participated in executing teens during this period. As we enter into a new century, we look back at precedents that have been set and changed by United States Supreme Court rulings....   [tags: Death Penalty, Electric Chair]
:: 17 Works Cited
1549 words
(4.4 pages)
Powerful Essays [preview]
Should the Police Be Allowed to Impose Brain Scans on Suspects? - ... Thus, the defendant would have been proven guilty, before commencing trials. As well as, it is believed here that the use of brain scans by police and evidence would misdirect the Jury, as Dr Farahany states that jurors often tend to believe that science is the objective truth, therefore showing that if police officer are given the right to use brain scans on suspects, evidence taken from the scans in court would be regarded more sufficient than “witness interviews, testimony by the accused under cross examination, and even the person's body language”....   [tags: justice, crime, mens rea, evidence]
:: 14 Works Cited
800 words
(2.3 pages)
Strong Essays [preview]
R v Maglovski - R v Maglovski (No 2) [2013] NSWSC 16 (4 February 2013) The Case DONE On the the 15th of November 2012, Dragi Maglovski was convicted guilty of the murder of his wife, Rosa Maglovska. This conviction was made after a 7-day hearing in the Supreme Court of New South Wales. Mrs. Maglovska’s murder was the result of 10 stab wounds and 37 slash wounds, all inflicted by Mr. Maglovski. The wounds were inflicted with a knife taken from the couple’s kitchen. Mr. Maglovski pleaded not guilty to the charge of murder, but pleading guilty to manslaughter with the defense of provocation....   [tags: murder, guilty, actus reus, mens rea, wife]
:: 20 Works Cited
1614 words
(4.6 pages)
Powerful Essays [preview]
Legal Case Study - Legal Case Study The Facts Jenny had an argument with her boyfriend, David, which resulted in David throwing Jenny down some steps. Jenny suffered a very badly broken leg that needed surgery. She also suffered cuts and bruises to her other leg. Question (in 3 parts) (a) Briefly explain the legal requirement that actus reus and mens rea should be contemporaneous (occur together). (5 marks) Plan A brief explanation of actus reus - guilty act, omission, state of affairs, result crimes A brief explanation of mens rea - guilty mind, types of mens rea (intention, recklessness) The requirement that actus reus & mens rea must coincide A brief explanatio...   [tags: Papers] 2902 words
(8.3 pages)
Strong Essays [preview]
You Gotta Be A Dope Fraternity Party - During the night of the You Gotta Be A Dope fraternity party, there were many laws, which were broken, that stemmed from the unknowing intoxication of the guests of the party, while the fraternity brothers knowing concealed alcohol in the beverages. Serving alcohol in this manner goes against several laws of the New York Penal Code. The first law is endangering the welfare of a child. As many guests were under the age of seventeen and the penal code 260.10 states “a person is guilty of endangering the welfare of a child when: 1....   [tags: Case Analysis] 1164 words
(3.3 pages)
Strong Essays [preview]
The Meaning of Actus Reus and the Chain of Causation - The Meaning of Actus Reus and the Chain of Causation The term actus reus is Latin for ‘the guilty act’. It is essential in criminal law, as actus reus must be there for their to be a criminal offence. It can mean a guilty act or an omission to act. In the crime of murder, then the actus reus would be the killing of a human being. The act must be voluntary for the defendant to be guilty. For example, if the defendant acts out of reflex because of another force, it is not voluntary and the defendant cannot be found guilty....   [tags: Papers] 699 words
(2 pages)
Good Essays [preview]
Examining of Estrich´s and Pineau´s Discussion on Rape - This essay will examine Susan Estrich’s and Lois Pineau’s discussion on rape. Both contribute insights on our society’s negligence when it comes to the protection and justice for women. Estrich provides a peak into the legal system on how it determines rape. We will see that the law is shaped in a way that continues to oppress women and leave them unprotected. Pineau furthers the conversation on placing responsibility on the victim to prove the crime. She narrows her focus on date rape and raises an objection to the model of consent that shapes our culture’s attitude and our country’s law....   [tags: law on rape, aggression, legal system] 1473 words
(4.2 pages)
Powerful Essays [preview]
The Queen v. Lawrence Hibbert Case - In the case, R. v. Hibbert , the appellant is Lawrence Hibbert and the respondent is Her Majesty, the Queen. Although there are multiple legal issues outlined in this case, the legal issue that is of concern is focused on the mens rea of party liability under s. 21 , and the meaning behind the phrase “for the purpose of aiding”. This case is significant due to the fact it highlights the interpretations of particular terms, which ultimately lead to a new trial. The Ontario Court of Appeal dismissed the accused’s appeal from his conviction for aggravated assault....   [tags: supreme court of canada, ontario court]
:: 1 Works Cited
1605 words
(4.6 pages)
Powerful Essays [preview]
Before the CMCHA: The Identification Principle - Before the CMCHA: The Identification Principle As previously established, companies are legal entities. As such, they may be criminally responsible for offences requiring mens rea by application of the identification principle. The identification principle, or doctrine, is where the “acts and state of mind” whom represent the “controlling mind” of the company will be imputed to the company itself (R v Lennards Carrying Co and Asiatic Petroleum (1915); R v Bolton Engineering Co v Graham (1957); (R v Andrews Weatherfoil and others (1972))....   [tags: corporate law, criminal conduct]
:: 21 Works Cited
2177 words
(6.2 pages)
Term Papers [preview]
The Purpose of Criminal Law - Even though constituents of civilization may protest about the laws that control their daily lives and dispute in opposition to government power on principle, civilization could not accurately function without laws and without criminal regulation in particular. For centuries many have seen the principle of criminal law and of the government and the legal system collectively, as essential for the “smooth implementation of society and the conservation of order” (Duff, 2008). This view of criminal law considers it as part of the social agreement planned by Thomas Hobbes....   [tags: Criminal Law Essays]
:: 7 Works Cited
918 words
(2.6 pages)
Better Essays [preview]
Direct Intention vs Oblique Intention - 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....   [tags: Legal Law]
:: 7 Works Cited
1925 words
(5.5 pages)
Term Papers [preview]
Attempted Murder and Criminal Acts - In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert....   [tags: Law of Factual Impossibility, Law of Legal]
:: 4 Works Cited
1039 words
(3 pages)
Strong Essays [preview]
Exploring Strict Liability - Exploring Strict Liability Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. The plaintiff needs only to prove that the tort happened and that the defendant was responsible. Neither good faith nor the fact that the defendant took all possible precautions are valid defences. Strict liability often applies to those engaged in hazardous or inherently dangerous ventures....   [tags: Papers] 977 words
(2.8 pages)
Strong Essays [preview]
Analysis of the Mens Movement in Canada - Analysis of the Mens Movement in Canada With the emergence of the Women's Movement, a deep cleavage was created in gender relations, seemingly pitting women against men in the struggle for equality and status. An effect of this separation in spheres, was a collective of men feeling as if they were being misrepresented, or left behind during a revolutionary period of changing gender relations. A product of this was the conception of men's groups around the world. This paper attempts to look at the development of the men's movement in Canada since its emergence more than 10 years ago, it's origins, and the significance that it plays in gender relations today, whether this be...   [tags: Papers] 2032 words
(5.8 pages)
Powerful Essays [preview]
Foresight of Consequence as Being Virtually Certain is not the Same as Intention - Foresight of Consequence as Being Virtually Certain is not the Same as Intention In most cases it is necessary to show that the defendant committed the offence with the relevant mens rea. Mens rea means 'guilty mind ' and refers to the intention element of a crime. It is the state of mind expressly or implicitly required by the definition of the offence charged. It can also be described as the required blameworthy state of mind of the defendant at the time that the actus reus was caused....   [tags: Papers] 737 words
(2.1 pages)
Good Essays [preview]
Insanity Defense: Not Guilty by Reason of Insanity (NGRI) - “Not guilty by reason of insanity” (NGRI) has often perplexed even the most stringent of legal and psychiatric professionals for centuries. Moreover, it has transcended into the pop culture, as a “loophole”for the criminal society. However, the insanity defense is only used in less than 1% of criminal cases, and used successfully in only 10-25% of those cases (Torry and Billick, 2010). In order to successfully be acquitted by reason of insanity, the legal team, paired with psychiatric professionals, must prove that the defendant is not legally responsible for the crime, despite the evidence that they executed the crime....   [tags: insanity, crime, defendant] 2413 words
(6.9 pages)
Powerful Essays [preview]
Adele's Death: Wrongful Acts and Causation - The present case deals with three individuals and the roles they played in Adele’s death. This paper examines the wrongful acts committed by the individuals and which of these acts it the legal cause of Adele’s death. It will do this by: first, examining Imran’s wrongful act and how he started the chain of causation; second, analysing Rita’s wrongful act and why she is not the legal cause of Adele’s death; and finally, reviewing the paramedic’s contractual duty to act and why they are not liable for Adele’s death....   [tags: Adele's Death]
:: 6 Works Cited
1078 words
(3.1 pages)
Strong Essays [preview]
Automatism, Insanity and Diminished Responsibility - 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. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime....   [tags: Diminished Responsibility Essays] 1568 words
(4.5 pages)
Powerful Essays [preview]
Actus Reus - Actus Reus Introduction The Criminal Law of England and Wales "means the portion of the law of England and Wales, which deals with the components and consequences of criminal acts. The English criminal law is in large part not regulated by law, but in the tradition of common law judge-made law. The offense consists in the English law of Actus Reus and mens rea together. Actus Reus is the Latin term meaning the act of guilt (the outer or objective of a criminal offense). This is an essential element in the determination of a crime....   [tags: Law]
:: 8 Works Cited
1766 words
(5 pages)
Powerful Essays [preview]
Criminal Law Case Study - The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention)....   [tags: Criminal Law Essays]
:: 20 Works Cited
1386 words
(4 pages)
Powerful Essays [preview]
The Term Recklessness and How It is Currently Applied to Offences in the English Law System - The Term Recklessness and How It is Currently Applied to Offences in the English Law System In everyday language, Recklessness means to take an unjustified risk. However, its legal definition is not quite the same. To find out the meaning of Recklessness, careful direction is to be given to the jury. There are tow types of Recklessness, which were named after the cases they were defined in: R v Cunningham (1957), which is the Subjective version of Recklessness and MPC v Caldwell (1982), which is the Objective version of Recklessness....   [tags: Papers] 672 words
(1.9 pages)
Good Essays [preview]
Use and Application of the Zero Tolerance Policy in American Schools - In an effort to maintain peace, safety and a disciplined environment conducive to effective teaching and learning, many schools have adopted the zero tolerance policy. This philosophy was originally created in the 1990’s as an approach towards drug enforcement to address the rampant use, possession and sales of drugs in schools (Jones, 2013). Today, this policy is used to mandate the application of pre-determined consequences of violation of stated rules. These rules may pertain to a number of issues; drugs, bullying, theft, and corporal punishment....   [tags: education, school policy]
:: 12 Works Cited
1759 words
(5 pages)
Powerful Essays [preview]
The Differences Between Types of Homicides - When watching the news or the latest episode of Law & Order or criminal minds, you have probably heard the terms of first-degree murder, felony murder, second-degree murder and manslaughter among many others. What are the differences between the types of homicides. For my paper I am going to talk about first-degree murder, felony murder, and manslaughter and they are labeled. The first type of homicide is "first degree murder." First-degree murder is premeditated and planned. Premeditated is the mens-rea of the crime, or the vital intent to commit the crime....   [tags: murder, manslaughter, felony] 796 words
(2.3 pages)
Better Essays [preview]
Criminal Law Case Study - H was a world famous darts player. He was demonstrating his skill at an outdoor fete in aid of a charity. H offered 50 to anyone who would place an apple on his head and permit H to throw a dart at it. H contemplated the risk of hitting such a person. I volunteered, placing the apple on his head. H threw the dart but sudden gust of wind caused the dart to deviate from trajectory and hit I’s ear. I’s blood dripped onto I’s coat. The dart continued on to hit an electric cable, setting fire to a fete tent....   [tags: Criminal Law Essays] 1060 words
(3 pages)
Strong Essays [preview]
Insanity/Automatism Defense in Court - 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. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime....   [tags: Crime, Criminal Law] 1062 words
(3 pages)
Strong Essays [preview]
Criminal Justice: Racial Disparity and Discrimination and O.J. Simpson - Criminal law is based on the principle of actus non facit reum nisi mens sit rea. The principle is to the extent that a man is not guilty of his acts, actus in the absence of a guilty conscience, mens rea (Gardner, 2009). To this end, criminal law justice provides that the person alleging the commission of a crime must proof beyond reasonable doubt that the accused person(s) possessed mens rea, if the court is to hold a criminal liability against the accused. In the case of People of the State of California v....   [tags: criminal law, O.J. Simpson Trial, justice system]
:: 3 Works Cited
763 words
(2.2 pages)
Better Essays [preview]
Legal Advice Case Study - Legal Advice Case Study Late one Saturday night Chris, who is a fanatical Manchester United supporter, is walking home, when he sees a stone on the pavement in front of him. Pretending that he is Ryan Giggs and with only the goal keeper to beat, Chris lets fly at the stone with his trusty left foot....   [tags: Papers] 1366 words
(3.9 pages)
Strong Essays [preview]
Insanity Plea - John Hinckley’s trial ended in 1982 with the verdict of not guilty by reason of insanity. About a year before, Hinckley shot Ronald Reagan because he was infatuated with the famous actress Jodie Foster. He thought shooting Reagan would impress her and lead her to fall in love with him. After the verdict was announced, the public responded with dismay because they felt as though Hinckley should pay for what he had done. Following the uproar, the United States revised and limited the insanity plea with the hopes that fewer people would use it or actually receive the verdict (Hans)....   [tags: Criminal Justice]
:: 7 Works Cited
1099 words
(3.1 pages)
Better Essays [preview]
Dennis' Liability for the Deaths of Sarah and Mary - Dennis' Liability for the Deaths of Sarah and Mary In this situation, the prosecution will not be able to bring the case for murder but they can have involuntary manslaughter on Dennis for the act he played which resulted in the deaths. Involuntary manslaughter is the unlawful act of manslaughter, which is also known as constructive manslaughter or gross negligence manslaughter. In this situation, Sarah and Mary died as a consequence of Dennis' act, which was an unlawful act of criminal damage, which will result in the charge of unlawful act manslaughter....   [tags: Papers] 540 words
(1.5 pages)
Strong Essays [preview]
Criminal Liability - Criminal Liability “In a just society criminal liability should never be imposed without some degree of blameworthiness” Offences of strict liability are those, which do not require any mens rea with regards to at least one or more of the actus rea. The mens rea usually requires intention and or recklessness. However some crimes are possible to commit without any knowledge, intention or responsibility on behalf of the defendant....   [tags: Papers] 556 words
(1.6 pages)
Good Essays [preview]
Ingredients of Actus Reus - Introduction This paper provides an understanding of the different ingredients of actus reus in criminal law. It covers relevant literature as well as analyzes case law on the concept. What is actus reus. An individual in the normal course of events cannot be accused or be held liable for a serious criminal offence unless two elements are present, firstly, the mens rea or guilty mind and the physical element or actus reus. This principle is often stated in the form of a Latin maxim; actus non facit reum nisi mens sit rea which means that a person cannot be held guilty of a crime unless his mind is also guilty....   [tags: guilty, criminal law, conduct, act, causation]
:: 5 Works Cited
1749 words
(5 pages)
Powerful Essays [preview]
The Absence of the Concept of Transferred Malice in Irish Tort Law - The Absence of the Concept of Transferred Malice in Irish Tort Law Introduction The title of this assignment, which i propose that i shall be revisiting for the purposes of this tort project is that: “the concept of transferred malice is not accepted in Irish tort law” In dealing with this topic I will inevitably be looking at what a battery is, what is transferred malice, cases in other jurisdictions which have accepted the concept of transferred malice in tort law, transferred malice in crime and why it is accepted in criminal law, and finally my arguments as to why I believe it should be adopted into our jurisdiction....   [tags: Tort Law] 1887 words
(5.4 pages)
Strong Essays [preview]
Anti Insanity Defense - Anti Insanity Defense The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case. These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "expert" witnesses, usually professionals in the field of psychology....   [tags: essays papers] 3624 words
(10.4 pages)
Strong Essays [preview]
Evaluation of Murder - Evaluation of Murder A good law should be clear so both the judge and jury can apply it in a reasonable way, this makes it easier for the jury to follow and provides a consistent outcome. It should be consistent, if not one person could do exactly the same crime as another and they could have completely different sentences. Consistency makes the law fair which is another important element of a good law. The law should reflect the degree of fault and punish the defendant in a suitable way; this also provides justice for the family within the law....   [tags: Papers] 827 words
(2.4 pages)
Better Essays [preview]
Guilty of Omitting a Duty - Guilty of Omitting a Duty "The general principle remains that a person is not guilty for omitting to do something." Discuss. The law will punish someone if they are under a duty to act but omit to do so. It must be decided, however, whether in law you are dealing with an act or an omission. There are three types of situations where this question comes up; continuing acts, supervening faults, and euthanasia. In continuing acts the concept was used in the Fagan case (1969), where the defendant drove over the policeman's foot....   [tags: Papers] 563 words
(1.6 pages)
Strong Essays [preview]
Free Will: Do Humans Have Total Control Over Their Lives? - Early in history, man believed that his decisions, choices and actions were dominated by the unchangeable destiny and fate. The Ancient Greeks believed that gods were the ones who guided every step of their life. Destiny could not be avoided and should be followed. Nowadays, in the 21st century, this notion of destiny has completely faded away. When we arrive in this world, the first principle of life that we learn is that free will surrounds our being; we are autonomous human beings and therefore we are responsible for our own actions whether these are right or wrong; if wrong, we are obliged to accept the consequences that flow from our own decisions....   [tags: destiny, fate, free will, autonomy, responsibility] 2102 words
(6 pages)
Powerful Essays [preview]
Captain Robert Semrau: A Question of Ethics - On October 19, 2008, Captain Robert Semrau of the 3rd Battalion of the Royal Canadian Regiment shot and killed an unarmed, gravely wounded Taliban insurgent in Helmand province, Afghanistan. At the time of the shooting Capt. Semrau was employed as commander of Operational Mentor Liaison Team call sign 72A composed of four soldiers divided into two firing teams. The team had been conducting a clearing operation in conjunction with the Afgan National Army whom the team had been mentoring when the forward faction of the company came upon an enemy position....   [tags: Current Events, Scandal, War] 2551 words
(7.3 pages)
Powerful Essays [preview]
Lawmakers Create Crimes to Prevent Crimes - ... Laws use such terms as premeditated design to kill or malice of forethought. However, premeditation is the element of first degree murder that sets it apart from all other classifications. Since, Jack approached the car, shooting his gun with the intent to kill Bert (malice aforethought), instead killing Pratt this act would be considered complete attempt. Jack attempted to fire his gun again at another chance to kill Bert, in spite of this; his gun jammed and would not fire. Yet, Jack is guilty of attempted murder (he showed specific intent to kill so he is substantively liable for murder because he played some causal role in bringing about the death)....   [tags: attempt, intentional, defense] 1155 words
(3.3 pages)
Strong Essays [preview]
Is Religion a Prerequisite of Altruism? - Over the past few years we have often heard conservative politicians speak of the decline of so-called “family values” in America, to the point that the very term has become cliché. In most cases this longing to return to family values is a thinly veiled reference to religion, specifically Christianity, and the belief that the United States of America was established upon the tenets of Christian dogma and has somehow fallen away from its beliefs. This apostasy has resulted, they reason, in virtually all of the bad things that happen in our world, from increases in violent crime to decreases in church attendance and revenues....   [tags: Religion] 1882 words
(5.4 pages)
Powerful Essays [preview]
First Degree Murder Conviction - To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment....   [tags: Criminal Justice] 881 words
(2.5 pages)
Good Essays [preview]
Subjective Definition of Recklessness - Should the subjective definition of recklessness in criminal law be maintained. The subjective definition of recklessness is where the defendant takes an unjustified risk and was actually aware of the consequence, has been seen here to be the best approach when understanding reckless behaviour. Although within criminal law, the term recklessness has a second definition which is known to be objective recklessness. The objective definition argues that a person is reckless when the defendants take an unjustified risk and was actually aware or should have been aware....   [tags: criminal law, objective definition, mental state]
:: 19 Works Cited
1384 words
(4 pages)
Strong Essays [preview]
The Success of the Courts in Defining Intention - The Success of the Courts in Defining Intention The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. Mens Rea can be any one of four elements, Transferred Malice, Recklessness, Gross Negligence or Intention. It is crimes of specific intent such as murder which require a Mens Rea of either direct or oblique intent. Direct intent is where the defendant desires the consequences and it is his or her purpose to achieve these consequences....   [tags: Papers] 1026 words
(2.9 pages)
Good Essays [preview]
Exploration of English Criminal Law - The British legal system convicts or acquits criminals based primarily on two principles - actus reas (guilty act) and mens rea (guilty mind). In order for an unlawful situation to arise, both these conditions must be present. The actus reas of a crime deals with the circumstances and consequence of the crime whilst the mens rea is considering the state of mind of the person committing the crime. A hypothetical situation would be one of D intending to kill X and subsequently carrying this out - D would have both the actus reas and the mens rea and could be trialled....   [tags: Criminal Law Essays] 1787 words
(5.1 pages)
Better Essays [preview]
The Relevancy of Diminished Responsibility - The Relevancy of Diminished Responsibility Diminished Responsibility (In the USA it is called Diminished Capacity) is used to reduce the charge of Murder to Manslaughter thus allowing the judge more discretion in sentencing. To many the idea of a person having diminished responsibility to a crime is a problem at an emotional and rational level : after all we often do not agree what the mind is . Some see the defence as a conspiracy of the legal and medical professions to release increasingly guilty offenders into the community and that this conspiracy is driven by money and socialists....   [tags: Papers] 3517 words
(10 pages)
Powerful Essays [preview]
Strict Liability in Criminal Law - It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments....   [tags: Criminal Law Essays] 1425 words
(4.1 pages)
Strong Essays [preview]
Assessment of a Statement About Law - Assessment of a Statement About Law ‘In general, the criminal law prohibits the doing of harm but does not impose criminal liability for omission to act’ Criminal liability is rarely imposed for true omissions at common law, though there are situations where a non – lawyer would consider that there has been an omission but in law it will be treated as an act and liability will be imposed....   [tags: Papers] 500 words
(1.4 pages)
Strong Essays [preview]
Mens Rights Concerning Abortion - Abortion is sometimes used as a way to discontinue a pregnancy that a female decides she is not wanting to proceed with. Harris makes an argument on a number of cases where a female lies to her companion about pursuing a life involving birthing an infant. In the Decision To Abort article it states, “Harris's argument for this position rests on his discussion of a series of cases in which a woman lies to her partner about her desire to have children. She then becomes pregnant, accidentally. Upon learning of her pregnancy, her partner begs her to carry this fetus to term....   [tags: Abortion Essays]
:: 8 Works Cited
953 words
(2.7 pages)
Better Essays [preview]
Mens and Womens Role - ... Remaining single was considered objectionable, consequently the norm was to get married right after high school plus get trained into the routine of being a housewife. Woman going to college and getting an education was rare. They were the unprivileged gender and were expected to stay happy doing housework. Divorce was not a common thing because women couldn't get a decent job to support themselves. Many TV shows of the fifties portray a happy mother figure taking care of all the home tasks....   [tags: career opportunities, dominant sex] 567 words
(1.6 pages)
Strong Essays [preview]
Criminal Law Case Study - Sara was teaching her husband, Tom to drive but he was a slow learner frequently subjected to excessive criticism by Sara and there were numerous arguments between them. During the course of a lesson, Sara suggested to Tom that he was not using the clutch properly. Tom made no reply but, a few minutes later, suddenly steered the car off the road into a ditch. At the time, Sara was not wearing her seatbelt and she was thrown through the windscreen and badly injured. Had she received prompt treatment, she would probably have survived but her body was not discovered until three hours later....   [tags: Criminal Law Essays] 2266 words
(6.5 pages)
Strong Essays [preview]
The Insanity Plea - Literature Review   The literature on the subject of the insanity defense spans ever since the controversy first became a topic to be discussed. The defense has been inscribed in the legal system for centuries; ever since the Greeks and the teachings of Plato. The current literature covers the spectrum from perception of both the offenders and the defense, to arguments both for and against abolition from our Twenty-First Century laws, as well as about the offenders and the victims. Insanity Defense   The defense of Not Guilty by Reason of Insanity (NGRI; now NCRMD or Not Criminally Responsible by Reason of Mental Disorder) has been around since the times of the Greeks, ever since Plato’s La...   [tags: Criminal, Mental Health] 917 words
(2.6 pages)
Good Essays [preview]
Mens Health - ‘Men’s health is defined as the holistic management of health conditions and risks that are most common or specific to men in order to promote optimal physical, emotional and social health’. Male sexual health is important, however, men’s health goes beyond sexual and reproductive health (The Royal Australian College of General Practitioners 2007). Skills are developed by nurses allowing them to treat patients in all of the different levels of disease prevention. By conducting a patient health assessment a nurse can then begin to promote health and illness prevention by assessing, diagnosing, planning, implementing and evaluating the patient to better help their current health concerns and /...   [tags: Health Conditions, Risks]
:: 12 Works Cited
1669 words
(4.8 pages)
Powerful Essays [preview]
The Power of Education in a Young Mens Life - ... The authors from “The Pact” implemented their “education centered” attitudes, primarily after they decided they would become doctors, when they began to threat their academics as a healthy completion to motivate and help each other (Davis et.al). However, Ben Carson possessed this goal and attitude earlier than the other men, but he still had the same ones. Ben Carson’s mother is who gave him the educational mindset because she would never let Carson settle for less (Carson 30). Carson has also had the goal of becoming a doctor since he was a little boy due to being exposed to missionary doctors in the Bible (Carson 24-25)....   [tags: The Pact, Gifted Hands]
:: 4 Works Cited
1083 words
(3.1 pages)
Strong Essays [preview]
Antingone and a Doll's House: a Mens Society - Would you think that one day men would no longer be the dominating gender in society, while women would be doing things thought unheard of before like working a career. In ancient Greece and pre-modern Norway authors began thinking up unthinkable situations for their times. These situations were based on questions very similar to these. These ideas were thought of as scary, fictional, and even comedic for their time. Gender roles in society are virtually thematic in the two stories A Dolls House and Antigone....   [tags: literary Analysis, Sophocles] 1352 words
(3.9 pages)
Good Essays [preview]
Euthanasia is Murder - Euthanasia is the Greek word meaning “good death”. Euthanasia is the act of assisting in ending one’s life, killing a person or an animal in a painless or minimally painful way. There are 3 different types of euthanasia. Volantary - which means that the doctor, or whoever performed the assisted death got full permission from the patient to kill them. Nonvolantary - without full consent of the patient or if the patient did give them their full consent, they weren’t fully decisionally-competent. And Involantary - this is when the person is killed against their will, they refuse to die but they are still killed....   [tags: Euthanasia Essay] 590 words
(1.7 pages)
Better Essays [preview]
A Mule for a Drug Cartel in Venuezuela - ... The police would ask him about the entire incident, the period before the offence took place, the details of the actual offense and the period following the offense. Since trafficking under is an indictable offense, the police would treat it as until he steps foot in court. After being photographed and fingerprinted, John Doe would automatically be sentenced to life imprisonment there is no minimum penalty for this case. A judge in the criminal division of the Provincial would hear the trial....   [tags: canadian immigration, ] 1160 words
(3.3 pages)
Better Essays [preview]
English Law's Uses of the Concept of Fault When Deciding Liability or Guilt - English Law's Uses of the Concept of Fault When Deciding Liability or Guilt Fault is regarded as blame, or responsibility for doing something wrong. This concept of fault is integral to the English legal system when it comes to deciding guilt of liability. In fact, in many areas of law if fault could not be assigned, the system would fall apart as liability can only be found if fault is established first. Fault is particularly important to Tort law, where fault is often a requirement of the mens rea....   [tags: Papers] 960 words
(2.7 pages)
Good Essays [preview]
Moral Relativism in Fyodor Dostoevsky's Crime and Punishment - Moral Relativism in Crime and Punishment At the close of Crime and Punishment, Raskolinkov is convicted of Murder and sentenced to seven years in Siberian prison. Yet even before the character was conceived, Fyodor Dostoevsky had already convicted Raskolinkov in his mind (Frank, Dostoevsky 101). Crime and Punishment is the final chapter in Dostoevsky's journey toward understanding the  forces that drive man to sin, suffering, and grace. Using ideas developed in Notes from Underground and episodes of his life recorded in Memoirs of the House of the Dead, Dostoevsky puts forth in Crime in Punishment a stern defense of natural law and an irrefutable volume of evidence condemning Raskolnikov'...   [tags: Crime and Punishment Essays] 2792 words
(8 pages)
Strong Essays [preview]
Juveniles and The Death Penalty - Juveniles and The Death Penalty *No Works Cited One of the most controversial issues in the rights of juveniles today is addressed in the question, "Should the death penalty be applied to juveniles". For nearly a century the juvenile courts have existed to shield the majority of juvenile offenders from the full weight of criminal law and to protect their entitled "special rights and immunities." In the case of kent vs. United states in 1996, Justice Fortas stated some of these "special rights" which include; Protection from publicity, confinement only to twenty-one years of age, no confinement with adults, and protection against the consequences of adult conviction such as the loss of civil...   [tags: Papers] 1599 words
(4.6 pages)
Strong Essays [preview]
Capital Punishment in Canada - Capital punishment is crime's most dreaded consequence, death. Hanging was Canada's form of capital punishment up until 1976 when it was abolished. Webster's Dictionary defines capital punishments as: "The penalty of death for the commission of a crime." (Webster's, 1994, 43). The chance of capital punishment being reinstated in Canada has been very slim up until now. Recently the Canadian Alliance Party has put forth efforts to reinstate it, which has put the controversial topic back up for debate....   [tags: Argumentative Persuasive Topics]
:: 7 Works Cited
2896 words
(8.3 pages)
Strong Essays [preview]
Provocation as a Defence - Provocation as a Defence For a person to be criminally liable they must be commit the relevant prohibited act, or omission; the actus reus, and also be in the requisite mental state; mens rea, and also have no valid defence. Defences available cover situations such as insanity, duress or intoxication. However the Courts have accepted that there are situations in which a defendant has committed the relevant actus reus for murder, and also displayed thee relevant mens rea, and does not have a reasonable defence, however in the interests of giving the judges discretion and avoiding the mandatory life sentence dictated by a verdict of murder, the Courts have prepared...   [tags: Papers] 1968 words
(5.6 pages)
Powerful Essays [preview]
Ciminal Insanity - “A judge's ruling today that an Irvington babysitter who stabbed her 5-year-old nephew 57 times is not guilty by reason of insanity was followed by screams of agony from the dead child's father.” (Juri, 2009) This woman will be locked up, but in a maximum security psychiatric facility not a prison. Is this just. Is this fair. It may be. What if this woman did not know that the child was what she was stabbing. What if she saw a dog that was attacking her, or maybe she was even farther removed from reality....   [tags: Judicial Criminal System]
:: 8 Works Cited
2365 words
(6.8 pages)
Term Papers [preview]
Criminal Investigation - Closing the Case 3 Closing the case: A glimpse at the Rubik's Cube that is Criminal Investigation In order to understand what crime is and how it has evolved we must define/analyze crimes in depth. Understanding law enforcements role is key to gaining insight about criminal investigation, Two crimes stand out above the rest and impact every community nation wide....   [tags: drugs, law enforcement, crime, DEA]
:: 7 Works Cited
1387 words
(4 pages)
Strong Essays [preview]
Should the “Insanity Defense” be Abolished in the Remaining 45 States? - The America we know and live in has a group of people above us who seek justice and what is best for the citizens. This is our government, since its founding, they has promised to protect us and to have its best interests at heart. Somethings in our system are debatable while other should remain just the way they are. Insanity defense is one topic that is often argued much about because of its moral concern. Should a person committing a crime go straight to jail or receive treatment if they have a mental disease....   [tags: Justice System ]
:: 5 Works Cited
1241 words
(3.5 pages)
Better Essays [preview]
Relation and Distinction Between Criminal Men Alongside Delinquency or Subcultures - ... These works both relate to each other because … However, they also differentiate from each other being that … Criminal Man According to the Classification of Cesare Lombroso, Gina Lombroso-Ferrero speaks about the research and the work of her beloved father. Cesare Lombroso depicts the thought that most criminals had an urge to commit crimes due to their unrefined nature rather than acting out of mens rea. Through the examination of the body, Lombroso wanted to gain an understanding of criminals by examining the human body, which would then allow him to comprehend ways of preventing crime....   [tags: theories of crime] 1039 words
(3 pages)
Better Essays [preview]
The Juvenile Court System is Distinct from Adult Courts - July 15, 1999, was an ordinary night for Kristopher Lohrmeyer as he left work at the Colorado City Creamer, a popular ice cream parlor. Kristopher had no idea that his life was about to end. When Michael Brown, 17, Derrick Miller and Andrew (Andy) Medina, 15, approached Kristopher and demanded his money and his car keys. Before the boys knew it shots had been fired and Kristopher was dead. About an hour after the fatal shooting of Kristopher Lohrmeyer, all three men were in custody and telling their version of the night’s events....   [tags: Criminal Justice]
:: 9 Works Cited
1944 words
(5.6 pages)
Term Papers [preview]
Relation and Distinction Between Criminal Men Alongside Delinquency/Subcultures - Relation and Distinction Between Criminal Men Alongside Delinquency/Subcultures Theories of crime are developed to seek an explanation of crime and criminal behavior. Jurisprudence, sociology psychology and biology are areas of studies where majority of these theories are derived from. An essential point in the study of crime is to begin with a simple foundation, learning about criminals themselves (Lombroso-Ferrero XXII). With a basis as such, it then makes it more understanding for one to theorize about delinquency and opportunity....   [tags: Criminal Justice, Crime Theory]
:: 3 Works Cited
2237 words
(6.4 pages)
Powerful Essays [preview]
The Legal System Worldwide and The Insanity Defense - ... Overall they proved that the public overestimates the use of the insanity defense in murder cases. They also overestimate the proportion of those who are getting acquittals and those who get free back to the community. On the contrary, the public underestimates the hospitalization and the time these people get convicted. This study concludes that social media usually present the advantages that the defendants of the insanity plea might get and cases of mentally ill people who committed a violent crime....   [tags: mental disease, overuse, criminals] 2520 words
(7.2 pages)
Better Essays [preview]
Ted Bundy: The Mind of a Killer - Ted Bundy was an American born rapist, a necrophile; a serial killer and a kidnapper who assaulted and murdered several young women during the 1970’s. The criminal kept on denying the charges for more than ten years and later confessed of having committed the thirty homicide crimes in seven different states before his execution (Rule, 2009). Bundy’s handsome and charismatic appearance made it possible for him to easily win the confidence of young women who were always his targets. He broke into the dwellings of his victims at night and bludgeoned them as they slept....   [tags: Psychology]
:: 6 Works Cited
2059 words
(5.9 pages)
Term Papers [preview]
Criminal Liability and the Use of Force - Criminal Liability and the Use of Force In today’s world it is of utmost importance that law enforcement understands how to determine culpability with regards to criminal activity as definitions surrounding what constitutes a particular crime can be confusing. Just as important is the ability to know when to use force, what constitutes use of force, and how that force can and cannot be applied. In determining culpability one must remember that criminal responsibility also has the potential to be used to excuse a person from acts committed that could result in arrest, incarceration, or other legal sanctions (Gardner & Anderson, 2012, p....   [tags: law enforcement, global companies]
:: 7 Works Cited
1276 words
(3.6 pages)
Powerful Essays [preview]
Unlawful Reforms in the United Kingdom - Introduction The purpose of this report is to examine the influences which affect unlawful reform in the United Kingdom (UK). ‘Unlawful Conduct is any conduct that is contrary to, or forbidden by law’ (Arthur, 2011). Conduct may be considered unlawful in a number of ways. Unlawful conduct can range from dropping litter to actual bodily harm. There are 2 categories which form unlawful conduct, and these are criminal and civil wrongs: In civil law, a private person, otherwise known as the claimant, commences litigation....   [tags: Unlawful Conduct, Crime, Civil Wrongs]
:: 4 Works Cited
1823 words
(5.2 pages)
Powerful Essays [preview]
The Modern Mens Movement - The Modern Men's Movement The 1970's saw the intensification of the feminist movement as a social, moral, and political force in the American arena. They focused their attention on the systematic oppression of women in politics and business. They were attacking male chauvinism, dominance, and a social system that relegated females to household duties. By most standards, the feminist movement has been successful in nearly all of its endeavors. The result, however, has left the American male uncertain of his own role in not only the dating arena, but the business, marriage, and society in general....   [tags: essays research papers] 1050 words
(3 pages)
Strong Essays [preview]
Mens Health Case Study - The case study I have chosen to analyse is the Men's Health Case Study. The dilemma being faced by Mr Kerton and the Men's Health production team is one of ensuring the success of the magazine in a relatively young, dynamic and exciting environment in which there are no barriers to entry and new competitors are able to enter. In this particular instance Mr. Kerton is somewhat concerned about the entry of Maxim magazine and the possible entry of Esquire magazine into the men's lifestyle magazine market....   [tags: Magazine Analysis Men's Health] 1458 words
(4.2 pages)
Better Essays [preview]
Students Receiving Welfare in Canada - Lisa, after having been informed by her welfare worker that she would have to pay back her welfare for the period she was in school, be cut off of welfare, and faced charges of fraud, decided this was unreasonable and questioned the legality of her circumstances. Angrily, she decided to talk to the director of the welfare office. Lisa said, “First of all, international law in accordance to the United Nations Declaration of Human Rights Article 26. 1. States that everyone has a right to education....   [tags: Canadian Case Law] 1028 words
(2.9 pages)
Strong Essays [preview]
Strategies of Youth Justice Policies - Here we will look at the strategies of youth justice policies and practice with the ideological motivations and identify and evaluate the social and political context. The 1908 Child Act; Children and Young Persons Act, the Criminal Justice Act; Crime and Disorder Act 1998 and Anti-Social Behaviour Act 2003 will be discussed. Youth justice is a creature of historical development. The structure of the industry is full of dominant philosophies which have seeped into the foundations, which still monopolise and govern contemporary practice and although new perspectives have emerged over the recent history, it is necessary to trace the evolution over the last century to understand the logic behin...   [tags: Welfare For Juvenile Delinquents, Prison System]
:: 11 Works Cited
2047 words
(5.8 pages)
Term Papers [preview]
Social Media and Internet Regulation - ... Great Britain has taken a literal interpretive attitude towards the legislation in contrast to the ‘proportionality’ approach used in other jurisdictions such as Germany. As a result the Act presents certain difficulties when using the law to prosecute offences such as flame trolling, as it was not until the Criminal Justice and Police Act 2001 that the law encompassed a wide spread variety of electronic communications. The MCA was applied in DPP v Connolly [2008] 1 W.L.R. 276, the respondent was found guilty of sending a grossly offensive and indecent message....   [tags: internet abuse and free speech]
:: 4 Works Cited
1703 words
(4.9 pages)
Term Papers [preview]
Involuntary Manslaughter - Involuntary Manslaughter Involuntary manslaughter is an unlawful killing where the defendant does not have the intention to kill or cause GBH. The lack of intention is what distinguishes involuntary manslaughter from murder. There are two ways of committing involuntary manslaughter. These are unlawful act manslaughter and Gross negligence manslaughter. The maximum sentence for involuntary manslaughter is life imprisonment, thus giving the judge discretion to impose any sentence, which is suitable for the particular circumstances of the offence....   [tags: Papers] 748 words
(2.1 pages)
Better Essays [preview]
Legal Case Study - Legal Case Study Cat, a female prostitute, and Mouse, a male prostitute lived in 2 separate rooms of a house. These rooms were rented to them by Dog. These 2 rooms only took up a small part of Dog’s house. When Cat and Mouse ‘entertained’ their clients, they provided all types of sexual service. Dog knowingly managed their prostitution activities. He also collected rent from them. The rent was well above the market rate. On one occasion, Cat agreed to perform sexual services for Cow, a ‘patron’....   [tags: Papers] 1106 words
(3.2 pages)
Good Essays [preview]
Murder: Subjective or Assumed - Murder: Subjective or assumed. Thesis To convict one of murder, there must be subjective intent for the accused to be considered guilty. Due to the fact that murder is the most hateful crime of the law, all defendants should have the right to be innocent until proven guilty. There must be verifiable evidence to prove the mens rea. Profile of the Law Criminal Code s.230(a) “one who intends on causing bodily harm for the purpose of (i) actually committing the offence, or (ii) planning his escape after committing or attempting to commit the offence, and the death derives from the bodily harm;” (Criminal Code of Canada) Charter of Rights and Freedoms s....   [tags: innocent until proven guilty]
:: 6 Works Cited
908 words
(2.6 pages)
Better Essays [preview]


Your search returned 313 essays for "mens rea":
1  2  3  4    Next >>