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Recommended: Child Sexual Abuse
Crime Aspect 1:
Concept one of the law that I have chosen to explain is criminal law. Criminal law relates too threatening, harmful or otherwise endangering the health and well being of others. Criminal law also deals with actions and omissions that are against the law. Examples of this are: murder, drug abuse, sexual abuse, and theft.
The three main elements of criminal law are. Prohibited by statute, Actus Reus ( Committing the action) and Mens Rea (Intending to do the crime)
Prohibited By Statute:
Prohibited by statute means that the law is approved by the legislature. For the person to be found guilty of a crime.Their crime has to be against the law or the person cant be charged with committing the crime. Today I will be using the Barry Bennell case. The Prohibited by Statute is shown by him sexually assaulting young boys, he has forty-three counts of sexual abuse with underaged boys. This is against crimes act 1961.
Actus Reus:
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Actus Reus is the physical action (Guilty Act) when performing the crime. This means that the person has to do the crime to be found guilty. When referring back to the Barry Bennell case there has to be evidence that Barry Bennell has done all those sexual acts on those young boys. The evidence, in this case, is all his victims that came forward when he was in court, coming face to face with him years after the abuse. One of the victims walked in saying “ Why Barry, Why Barry?” Victim Gary Cliffe confronted him in court saying his impact statement to Barry Bennell face too
The term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that wa...
On June 7th 2008, Sarah May Ward was arrested for the murder of Eli Westlake after she ran him over in a motor vehicle in St. Leonards. Prior to the incident the offender had been driving the wrong way down Christine Lane which was a one way street. Whilst this was occurring she was intoxicated, under the influence of marijuana, valium, and ecstasy and was unlicensed to drive. The victim and his brother who were also intoxicated, where walking down the lane and where nearly hit by the offender. This prompted the victim to throw cheese balls at the car and make a few sarcastic remarks regarding her driving ability. After a brief confrontation between the two parties the victim and his brother turned away and proceeded to walk down Lithgow Street. The offender followed the victim into the street and drove into him while he was crossing a driveway.
Actus Reus – it is a guilty act i.e. it is an arrangement between two parties involving criminal property;
There are many different meanings of crime and many different reasons people commit crimes. In the United States, defense lawyers try to prove their clients did not know what they were doing when they committed the crime and the prosecution tries to prove the defendant did know what they were doing when they committed the crime. However, the prosecution must have the elements of a crime, which means state of facts to prove someone guilty. The prosecution lawyers and the defense lawyers use elements of a crime for the defendant. The following are examples of elements of a crime: mens rea, autus reus, concurrence of actus renus and mens rea. All of these can be used as elements of a crime.
Crime is some action/omission that causes harm in a situation that the person/group responsible ‘ought’ to be held accountable and punished irrespective of what the law book of state say.
Actus 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.
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
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.
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. ...
One way of looking at criminal law is that it is dealing with something of public awareness. For instance, the public has awareness. in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders, and.
Legal crimes are an act that violates the law in itself but is considered legal given the situation. For example; killing someone in self defense violates the law, however; murder in itself is a crime, but protecting one's life if threatening by bodily harm or injury is legal. Therefore, killing in self defense is a legal crime. Legal crimes are acts that are not harmful to another person, however; these acts are defined as crimes by society because of the influence these crimes have on those who are in authority. Legal crimes are less serious because they cause less harm, are not as frequent and are not as widespread. People who commit assault, fraud, embezzlement, vandalism, prostitution, and disorderly conduct are committing legal crimes. Legal crimes are not an obvious crime and do not have an obvious victim. However, not all crimes are reported to the police, therefore crimes are classified by the degree of harm caused, how frequent they occur, and how pervasive the crimes are throughout the country. Crimes can be distinguished by degree or severity of the crime by dividing the crimes into groups; felonies for severe crime and misdemeanors for less severe crimes. Another way to distinguish crime is between mala in se which is rape or murder or mala prohibita, which is trespassing, gambling, or prostitution. Once the public understands that the balance is the goal of "justice" the next step is to understand the difference between a natural crime and a legal crime.
Criminality is a problematic that is increasing its rate all the days, all the countries of the world suffer of this problem without any exception, crimes are not only steal from the others, there are a huge variety of acts that are classified as crimes. Criminality is the quantity of crimes made that are forbidden by the criminal law. Laws are rules that govern society without this civilization would be complete chaos and disorder. The law is a very effective means to establish the rights of each person and help to defend those rights. The laws are in charge of giving punishment to criminals depending on the crime they had committed.
According to, The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment, through the Saylor Foundation (page 316), criminal law is an