Friday, May 31, 2019

Actus Reus Essay -- International Law

Actus ReusIntroduction The Criminal Law of England and Wales which deals with the components and consequences of criminal acts. The English criminal law is in large voice 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 import the act of guilt (the outer or objective of a criminal offense) which is an essential element in the determination of a crime. Thus, when no reasonable uncertainness 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 concern to the element of an offense that involves prohibited conduct. Th e Actus Reus is one of two elements that make up criminal offenses. The second element is called mens rea or mental state. No crime whitethorn 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 causing 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 purposely, knowingly, or recklessly does something that is ... ...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 978-0199202 584, pp 34 David Ormerod, (2009), Smith and Hogan Criminal Law Cases and Materials, 10th Edition, Oxford University Press, Oxford 2009, ISBN 978-0199218691, pp 45-78Felson, Marcus (1994), Crime and Everyday Life, waste 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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