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. Usual remedies, upon conviction of a person’s litigation usually involves financial recompense, otherwise known by the defendant as ‘damages’. In order for litigation to be proved successful, depends on the claimant’s ability to provide a burden of proof. Moreover, the standard of proof is based upon a balance of probabilities, thus meaning the evidence must be greater than 50%, this is also known as the preponderance of evidence.
In criminal law, there is a wide scope of sanctions available to the state, ranging from community service to incarceration. The Crown Prosecution System (CPS), must provide a burden of proof on behalf of the state to prove the defendant guilty. In criminal proceedings the standard of proof, must be ‘Beyond Reasonable doubt’; there must be no doubt to whether a person is guilt or not.
To determine the fault in criminal law depends of establishing two elements. The Actus Reus, meaning ‘guilty act’; must be shown to prove the physical components of a crime. The second element, is the Mens Rea, meaning guilty mind proves the state of mind of the defendant. In order for criminal liability to be proved, both elements must be established.
In criminal wrongs, the house of lords has...
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...intend to directly cause harm to an individual, they may do so, if it is proven that the conduct of the crime was to inflict a harm. Moreover, there may be an Actus Reus of a legal wrong, more specifically the example of throwing a brick; it is not illegal to throw a brick, but should that brick hit someone and inflict harm, it may become a criminal act.
Word Count: 2039
The Open University (2011). Block 2 ‘legal personality’, Milton Keynes, The Open University.
The Open University (2011) ‘Reader 1’, Milton Keynes, The Open University.
Web Content: Tony Nickleson Case, ‘A right to die?’ http://www.bbc.co.uk/news/uk-england-wiltshire-19341571 Last Accessed: 3 December 2013.
Web Content: Defamation Case ‘ Keith Smith v Williams ’ http://www.casecheck.co.uk/CaseLaw.aspx?EntryID=12855 Last Accessed: 3 December 2013.
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