Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: What is a crime essay
Define these elements of a crime: Actus Rea, Mens Rea, Causation and Punishment.
Actus Rea: Is a Latin term which refers to criminal conduct which is intentional or criminally negligent or reckless in action or inaction that causes harm. An example of this is could be a person who takes medication that causes them to be drowsy. The person goes for a drive and hits a pedestrian. The driver was consciously aware that falling asleep may occur and still drove anyway injuring the pedestrian. The driver is liable for harm. Mens Rea: Latin for criminal intent or having a guilty state of mind when committing the act. Terms of Mens Rea would be words like “knowingly” or “willfully”. An example of this is a person could be a disgruntled employee who was fired, The employee comes back and firebombs the building while employees are working. He willfully came back with intent to do harm to those inside.
…show more content…
An example of this could be that you let an insurance man in to sell you services. He legitimately sells you services. The man asks to use your bathroom, he happens to see your diamond ring on your bathroom sink. He steals your jewelry. He legally entered your home but is liable for theft.
Causation: The act must have been the cause of the harm expressed in the crime (injury). In criminal law, the actus rea “an action” which the specific injury or effect is combined with mens rea “state of mind” to comprise the elements of guilt. An example of this is a person speeding in a work zone striking and injuring several workers. The person has caused an effect which is
As pointed out by Meagher JA in Marien v Gardiner it is not possible that the driver could foresee and react to any event that could take place within the area surrounding the vehicle. Therefore, the driver could not have breached his duty of care in any circumstance that an object by chance is to collide with a vehicle on the road.
The term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that wa...
Actus Reus: It was never unclear if the accused was responsible for the act occurring. There were several eye witness testimonies placing her as the offender which was backed up by CCTV footage from a camera in the lane. Furthermore, at the beginning of the trial the offender pleaded not guilty of murder but guilty of constructive manslaughter and that it was caused by reckless driving on her behalf. By claiming manslaughter the offender immediately takes full responsibility for the act regardless of what charge they are handed.
Actus Reus – it is a guilty act i.e. it is an arrangement between two parties involving criminal property;
In order to be convicted on a criminal charge, proof is required of three things; actus reus, mens rea and causation. The accused must have the criminal state of mind relevant to the crime he is accused of. Intention is a far more blameworthy aspect than recklessness,
When it comes to the elements of attempt there are two. It is the purpose or intent to commit a specific crime and an act(s) in order to carry out the intent. There are two types of attempt statures and they are general attempt statute and specific attempt statute. General attempt statute is a single statute that involves the attempt to commit any crime in the state’s criminal code. An example of this is just any crime. Specific attempt statute is defining attempts as specific crimes. An example of this is attempted murder. Prosecution must prove beyond a reasonable doubt in criminal attempt cases and these are attempt mens rea and actus rea. Attempt mens rea is the specific attempt to commit a crime and actus reus is taking steps to complete 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.
Intentional tort is one half of the tort law that protects people from “restraint, unauthorized touching, and any other contact that is not authorized” (112, Cheeseman). One example of intentional tort is battery, which is “ Unauthorized and harmful or offensive physical contact with a person who causes you injury, indirect physical contact is also battery as long as the end result is injury” (113, Cheeseman). This is just one example and there are many more such as assault, false imprisonment, shoplifting, invasion of the right to privacy, and many more. The difference between an intentional tort and an
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).
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. Intention in criminal law is when an individual consciously decides to behave in a particular manner to achieve a certain desired result and in doing so commits a crime. It is the highest form of mens rea as someone who intentionally sets out to commit a criminal offence is typically more culpable then an individual who has behaved in a reckless manner, which has consequently resulted in a crime. Intention can be further split into two categories: direct intention and oblique intention.
A crime consists of an actus reus and a mens rea, in order to obtain a conviction of a criminal charge there must be a concurrence between the actus reus and mens rea. The elements of a criminal act (actus reus) are: act, cause, social harm or omission condemned under a criminal statute (Lippman, 2012). The elements of mens rea: purposely, knowingly, recklessly, and negligently (Lippman, 2012). Attempted murder is the failed attempt to kill another human being deliberately, intentionally or recklessly (USLegal, 2014). “Georgia Code Title 16, Section 16-4-1: A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime. Section 16-4-2: A person may be convicted of the offense of criminal attempt if the crime attempted was actually committed in pursuance of the attempt but may not be convicted of both the criminal attempt and the completed crime….” (Young, 2014, para. 1-2).
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. There are two types of Mens Rea; direct intention and oblique intention. Direct intention ‘corresponds with everyday definition of intention, and applies where the accused actually wants the result that occurs, and sets out to achieve it’ (Elliot & Quinn, 2010: 59). Oblique intention is when the ‘accused did not desire a particular result but in acting he or she did realise that it might occur’ (Elliot & Quinn, 2010: 60). I will illustrate, by using relevant case law, the difference between direct intention and oblique intention.
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.
Lack of sleep may cause an accident. As you get drowsy, your reaction becomes slow as much as driving drunk.