Wednesday, May 29, 2019
Actus Reus Essay -- Law
Actus ReusIntroduction The Criminal right of England and Wales style the portion of the law of England and Wales, which deals with the components and consequences of criminal acts. The side 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 particle in the determination of a crime. Thus, when no reasonable doubt exists as a result of the demonstration of proof, the act of guilt, shown together with the intention of the individual to commit a crime (mens rea), creates criminal liability of the accused in criminal jurisdictions that follow the system of common law (Canada, Australia, New Zealand, USA, UK, Ireland).Discussion and AnalysisActus Reus literally means conduct of a person. The phrase is used to refer to the element of an offe nse that involves prohibited conduct. The Actus Reus is one of two elements that make up criminal offenses. The import element is called mens rea or mental state. No crime may legally exist without an Actus Reus, while some regulatory crimes, called strict liability offenses, may exist without a mens rea. Examples of the Actus Reus element of a capital offense would be causation death, causing death while committing another crime, causing the death of a police officer, and causing death by using a bomb. In each of the examples, the mental state of the defendant is not relevant to Actus Reus. The mental state is relevant for the second element, i.e., the mens rea.General Perception The Actus Reus requirement is met if a defendant purpose... ...air, Medico legal Aspects of Automatism, qtd in McClain v. State, 678 N.E.2d 104, 106 (Ind. 1997), pp 56-78David Ormerod (eds.) Smith and Hogan Criminal Law,12th Edition, Oxford University Press, Oxford 2008, ISBN 978-0199202584, pp 34 David Ormerod, (2009), Smith and Hogan Criminal Law Cases and Materials, tenth Edition, Oxford University Press, Oxford 2009, ISBN 978-0199218691, pp 45-78Felson, Marcus (1994), Crime and Everyday Life, Pine Forge, ISBN 0-8039-9029-4,Hirschi, Travis (1969). Causes of Delinquency, Transaction Publishers, ISBN 0-7658-0900-1Morse, S. J. Diminished rationality, diminished responsibility, Ohio State Journal of Criminal Law vol. 1 (2003), pp. 289308Siegel, Larry J. (2003). Criminology, 8th edition, Thomson-Wadsworth., pp. 139Symposium, Act and crime, University of Pennsylvania Law Review vol. 142, (1994), pp. 14431890
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