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The true nature of crime
The true nature of crime
The true nature of crime
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In this chapter, it goes over many different types of law such as civil law, administrative law, case law, criminal law, etc. I am going to focus on the essence of the concept of crime within the variations of law. Although many focus on the main three principles of crime which are the criminal act, mental state and a combination of both, there are five others that have equal importance. Those five are labeled as causation, resulting harm, principles of legality, principles of punishment, and necessary attendant circumstances.
The criminal act, also known as actus reus, means “an act in violation of the law, a guilty act”. There are many different versions of violations that may occur in result of a crime. The categories are felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses. All of which hold different punishments as consequences based on the severity of the crime committed.
Mens Rea, (second general component of crime, pg 124) the state of mind that accompanies a criminal act, is also thought of as a guilty mind. To find out whether or not a person’s state of mind during a criminal act was intentional or unintentional, one would have to observe the four levels that can distinguish mens rea. This consists of purposeful, knowing, reckless, and negligent. Were they intentionally trying to commit the crime knowing the consequences? Knowing causes awareness which proclaims that a person should know whether what they are about to do is right or wrong. If a person does not see the difference, they could possibly be considered legally insane.
A combination of both Actus Reus and Mens Rea can result in a very deadly outcome in which the punishment may not be held under normal circumstances. In example, Jeffr...
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...d that a crime did not occur.
Finally, we are supposed to point out something that we did not agree with. The author of this chapter stated facts about our court system and the steps needed to be taken in order to capture, convict, and prosecute a criminal. The stories such as the sacrificial exercises of a church in Miami about thirty years ago were amazing examples of proper ways the court has to abide by. Although people were against chickens being tossed aside under trees, the Supreme Court noticed that when stating that they could not partake in these events it became a discrimination against their religion. All steps were taken that he previously pointed out in the chapter in order to handle this case. The main aspect is that there are multiple principles of crime but they mainly wrap around the importance of actus reus, mens rea or a combination of both.
The term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that wa...
There are many views on crime and deviance and many theories to why they occur.
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.
The conduct itself may be termed as a criminal act. For instance, if a person lies under oath, it represents the actus reus of perjury. In fact, it doesn’t matter whether the lie has been believed, or had any adverse effect on the outcome
The “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).
Actus reus and mens rea are two general features that characterize a crime. Actus Reus is always required when considering if a criminal act has been committed. Mens rea is generally required yet in certain circumstances, cases may proceed without it. Actus Reus is simply a guilty act.
Actus Reas is the Latin term for “guilty act”. The actus reas of a common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury.
Criminology as a genre is defined as the scientific study of crime, as well as its causes, law enforcement interaction, criminal behavior, and means of prevention. In its own way criminology is the history of humanity. As long as people have been on earth there has been criminal activity. Much like most other work atmospheres, it was a male dominated field. A woman seeking to work in criminology was unheard of. Men filled the jobs as police officers, lawyers, judges, and politicians. However, in the 1860s Belva Lockwood became determined to pave the way for women in criminology. As a women’s rights activist, she became one of the most influential women in criminology.
Criminology is the scientific study of crime and criminals. It is also a study that is constantly changing due to the people in our society, which political, economic and spiritual views of individuals come into consideration. Robert Agnew, an important man to the world of criminology, he was born on December first, in 1953, in Atlantic City, New Jersey. Agnew fortunately is still living, and ages sixty years of age. He Attended Rutgers College, a school in New Jersey, where he received his Bachelors of Arts in sociology, although both his Masters and PhD in sociology he obtained in University of North Carolina in Chapel Hill. Sociology being the study of the functioning of human society. Agnew discovered his passion for teaching after her worked as a teacher’s assistant and served as Associate Editor to Social Forces Journal for a couple years. Agnew started teaching at Emory University, the courses he taught varied from criminology to the introduction of sociology. In addition to teaching, Robert Agnew wrote many books and articles about either criminology or sociology. He was also involved in both field’s sociology and criminology through academics, and contributed to them greatly. Although his best contribution was his development of the general strain theory. A theory in which Agnew elaborated on and decided to adjust his perspective. Having gone through bad experiences in one’s life, can influence in the way that a certain individual thinks, and can lead them towards a life involving crime in their everyday lives.
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.
Mens rea refers to the mental element involved in committing a crime and is concerned with the guilty mind of the defendant. Both intent and recklessness are categories of mens rea that are different and have different levels of culpability.
The legal or criminal justice system enforces the law and punishes those who break it. There is a social stigma associate with crime. It is important to note that all breaches of the law are not criminal such as civil offenses and breach of contract. The tag ‘crime’ is usually reserved for the offences that cause harm or injury to the public, individuals or the state. Social, political, economic and psychological conditions influence the definition of crime and how the
For 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.
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.
By the end of Dostoyesky’s Crime and Punishment, the reader is no longer under the illusion of the possible existence of “extraordinary” men. For an open-minded reader, and even perhaps the closed-minded ones too, the book is a journey through Raskolnikov’s proposed theory on crime. It is a theory based on the ideas that had “been printed and read a thousand times”(313) by both Hegel and Nietzsche. Hegel, a German philosopher, influenced Dostoyesky with his utilitarian emphasis on the ends rather than the means whereby a superman existed as one that stood above the ordinary man, but worked for the benefit of all mankind. Nietsche’s more selfish philosophy focused on the rights to power which allowed one to act in a Hegelian manner. In committing his crime, Raskolnikov experienced the ultimate punishment as he realized that his existence was not that of the “extraordinary” man presented in his theory. In chapter five of part three in Crime and Punishment, this theory is outlined by its creator, Raskolnikov. Such an innovative theory would clearly have placed him in the “extraordinary” category, but when he fails to meet its standards, by submitting to the common law through his confession, the theory crumbles right before the reader’s eyes.