Mens Re An Actus Reus - 1836 Words

Mens rea is a necessary element, alongside an actus reus, in order for a person to be convicted in the majority of crimes. It is required to prove the mens rea in every common law and statutory offence making it a significant part of any case which enters the courtroom. There are two common forms of mens rea; intention, wicked recklessness and negligence. Both of these forms, if proven, constitute as a sufficient mens rea to be criminally liable. Intention – The highest form of mens rea- is more than simple contemplation and is when one person purposely causes harm to another individual. The case of Cunliffe v. Goodman involved a landlord who was intending to pull down a building on the termination of the lease. At the end of the lease, the premises was in bad repair and the landlord requested action to be taken on the tenant for the damage. However, the tenant was under the impression that the building was being demolished and refused to pay for any disrepair. It was found that the tenant was ‘protected from liability to pay damages’ . Wicked recklessness – the ‘total indifference to and disregard for the safety of the public’ In the case of McDowall v. HM Advocate, a man was charged with culpable homicide for driving recklessly. The presiding judge stated that the man had ‘utter disregard for the victims and the fact that he drove with the bonnet in an upright position are factors that the jury were entitled to take into account’ when considering his state of mind atShow MoreRelatedLegal Issues And Judicial Reasoning Of Every Case2540 Words   |  11 PagesMotivated Crime Ordinance.† R.A.V. clearly violated this law. Why did the Supreme Court overturn his conviction? How might the legislature have written this law differently so as to effectively punish behavior like R.A.V.’s? For this answer you should re-draft the St. Paul ordinance so that it can fulfill this purpose and explain how your draft is different from the used to prosecute R.A.V. in this case. On June 21, 1990, R.A.V. and multiple other teenagers allegedly made a cross using chair legs.Read MoreLegal Advice Case Study Essay1362 Words   |  6 Pagesloss of earnings. When deciding on any case where a criminal offence has been committed in English Law it is essential that it is conclusively proven - beyond reasonable doubt. The prosecution must firstly prove that the accused had mens rea, a guilty mind as the general rule is the offence must be voluntary. Although this was clearly an accident. The defence would look towards intention. Did Chris intentionally kick the stone with purpose to injure Dan? If heRead MoreReview for Exam 3 Essay939 Words   |  4 Pagesa pass-through entity or as a separate entity? 8. Most general partnerships pay income taxes as a separate entity or as a pass-through entity? MULTIPLE-CHOICE QUESTIONS 9. The term actus reus is often used to describe a criminal act or mind? The individual must have performed actus*reus (criminal act) with mens*rea (guilty mind). An individual can perpetrate a crime against the corporate employer (e.g., the embezzlement) or for the benefit of the corporation (e.g., pricefixing). 10. Know thatRead MoreAn Omission As A Type Of Actus Reus1891 Words   |  8 Pages1.0. An omission is classified as a type of actus reus . The actus reus is the conduct element of crime, it is actions that are deemed damaging to society. The aim of the law is that it attempts to limit this type of conduct as much as possible. An omission is a failure to act . Common law mainly edges towards the notion that there is no criminal liability for an omission . There is also no crime in, for example, not intervening when a person is assaulting another. It is not an offence to ignoreRead MoreThe Regina Knight Case1974 Words   |  8 Pagesprosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus, Mens rea as well causation was clearly shown through the behavior of Katherine Knight. Actus reus is the term referring to ‘guilty act’ meaning any voluntary actions of omissions that constitutes to a crime, it is the physical element of an offence Her Actus reus is shown through her act of stabbing him 37 times and killing him. She also chopped off his head and cooked it withRead MoreSef Gonzales Report Essay1897 Words   |  8 Pagescrime to occur, both elements of the crime, Actus Reus and mens rea must be present. Actus Reus and mens rea are legal terms used to define a crime. Both elements must be present for an accused to be found guilty of a crime (except for strict liability). Mens rea means that the person must have had a guilty mind at the time of committing the crime- that is they must have intended to commit the crime. According to this case, both elements were present. Mens rea occurred when Gonzales had planned theRead MoreBasic Functions of Law: Australia2224 Words   |  9 Pagesthe defendant must be acquitted (not guilty) and cannot ever be re-tried for the same offence (double jeopardy). Juries are used in SA to determine the guilt of the defendant. The defendant may choose to have a trial by jury or judge alone. Before a person can be convicted, two elements must be proven at a trial. These two elements are: Actus Reus: The guilty act. Prosecution must prove that the defendant committed the act. Mens Rea: The guilty mind. Prosecution must prove that the defendant intendedRead MoreLegal Implications Of A Health And Disability Commissioner Essay2292 Words   |  10 Pagesresolve the provider’s conduct and the future quality of the healthcare service (HDC, n.d.). Penalties to the provider may include written apology to the consumer and reimbursements of the consumer’s treatment fee. The provider may be told to undertake re-training to increase competency levels or review affected regions in order to prevent any future breaches of the Code (HDC, n.d.). The Commissioner may also enquire for a peer review which can be observed in the HDC case 13HDC01568 (2015), in whichRead MoreThe English Legal System1255 Words   |  6 Pagesof England and Wales, include criminal law and civil law. Criminal law which manages violations and their results and criminal acts are considered offenses against the entire of a group. The two basic components of crime are known as the â€Å"actus reus† and the â€Å"mens rea†. These two Latin terms signify guilty act (doing what is precluded) and guilty mind (the aim to carry out the wrongdoing. English civil procedure much in like manner to the civil law frameworks of other precedent-based law nat ionsRead MoreQuestions On Letters From Leeds Bradford Airport2049 Words   |  9 Pagesembeddedness as a deep structural principle of the European human rights regime. European Journal of International Law, 19(1), 2008, .pp.125-159 Memorandum To: Supervisor From: Trainee Solicitor Date: 1 May 2016 Re: Orla Fellows Further to your memorandum dated 21 April 2016 I have carried out the research requested. Summary Orla can rely on Article 10 of the European Convention on Human Rights and her Defence is strong to dissolve the case brought

Should Prostitution Be Legalized - 1946 Words

Legalize Prostitution When it comes to the topic of prostitution, some of us will readily agree that it is harmful for men and women. Where this agreement usually ends, however, is on the question of should prostitution be legalized. Whereas some are convinced that women and men should be allowed to do what they please with their bodies and the legalization of prostitution would cause the decrease of STD’s and rapes. Others maintain that prostitution is not a mainstream job and can cause psychological issues. Though I concede that prostitution is not a mainstream job in the sense that there is no resemblance to another mainstream job that consists of using your body to exchange sex for money. I still insist that it should be legalized, because we are paying millions of dollars in taxes to arrest the prostitutes. Furthermore, it would help boost the economy, help bring awareness to sexuality in a sex positive matter, protect minors, decrease sexually transmitted infections, and rape cases. The first argument, I would like to approach is about how much the American people are paying in taxes. In the LA Times an article â€Å"Prostitution arrests cost $2,000 each, Studies find† by Laurie Becklund. She discusses the arrests for prostitution, and if the cost is too high to be able to keep affording prostitution to be illegal, she states â€Å"Law enforcement agencies in America s biggest cities spend an average of about $2,000 for each arrest of a prostitute, which amounts to moreShow MoreRelatedShould Prostitution Be Legalized?1406 Words   |  6 PagesProstitution is one of the largest controversial issue facing the United States. The definition of prostitution, according to Merriam-Webster’s Dictionary, is the act or practice of engaging in sexual relations especially for the money. Prostitution has been constantly bashed by the media and is currently legal in only one state. In this state, only one county has banned prostitution. Why is it illegal? What is wrong with prostitution that has made it illegal? These are the important questions thatRead MoreShould Prostitution Be Legalized?1048 Words   |  5 PagesWalker May,15,2015 Should prostitution be legalized? Most of us have heard of prostitution and the controversial opinions of people whether it should be legalized or not. The fact is that prostitution has been practiced for many years regardless of its legality. As defined in the dictionary prostitution is the exchange of sex for money. Out of the 50 states in the U.S., Nevada is the only states were prostitution is legal. On the other hand, in some European countries prostitution is not illegal andRead MoreShould Prostitution Be Legalized?1111 Words   |  5 PagesProstitution has been around for a very long time. There has been great debates over the last few decades about prostitution law reform. It is accepted by some, denied by others, or just forbidden. Prostitution is that one thing that people do and does not get brought up for discussion after the fact. It is what some people call dirty and distasteful. But prostitution whether legalized or not will continue to happen. I will argue that prostitution should be legalized becaus e it would bring more benefitRead MoreShould Prostitution be Legalized?1658 Words   |  7 PagesProstitution is an issue that has been debated in many countries. 22 countries have legalized prostitution. In the United States, prostitution is only legal in 11 rural counties in Nevada. It used to be legal in Rhode Island due to a loophole, but since 2009, it has been illegal. Women are not the only ones who are prostitutes, about 20 to 30% of prostitutes are male, which means both genders are affected by laws against prostitution. Men and women should be allowed to choose how they want to useRead MoreProstitution Should Be Legalized?1072 Words   |  5 PagesProstitution in America Some consider prostitution to be evil, sin incarnated. They believe that the act of fornication with an unknown and unloved person is unholy and should be punishable. They may believe that those who are prostitutes are not human, but instead creatures that have given into their most primal lust. To give into the carnal temptation of sex, and to resolve it through means that are not considered normal, sentences one to eternal damnation. Or so some believe, and I respect theirRead MoreShould Prostitution Be Legalized?1663 Words   |  7 PagesDecriminalizing prostitution in the United States will be a hazard to the nation. Prostitution has been often called one of the oldest jobs in the world. However, it has been illegal in nearly all societies throughout history. Currently, there have been various countries where prostitution has been legalized by the government, allowing people over eighteen year olds to work as prostitutes legally. Nonetheless, those countries have had several neg ative effects following the legalization of prostitution. NeverthelessRead MoreShould Prostitution Be Legalized?1725 Words   |  7 PagesProstitution Should Be Legalized Some say prostitution is the world s oldest profession. Yet, only a small percentage of the world’s government allows it. The legalization of prostitution is a very controversial topic due to many people’s moral beliefs. Prostitutes all over the world are treated as outcasts. A reason for people to be against prostitution could be due to their religious beliefs, moral standpoints, or lack of knowledge over the subject. Many religions state that sex outside of marriageRead MoreShould Prostitution Be Legalized?1188 Words   |  5 PagesShould Prostitution be legalized? Prostitution is defined as the engaging in, or agreeing to engage in, sexual conduct for a fee. Women are pushed into entering prostitution for many reasons including lack of education, poverty, and personal choice. Prostitution is currently illegal, but there is much controversy surrounding this issue. Picture in your mind this scenario: Jane is a 26 year old single woman who makes her living working the streets as a prostitute. She is clean, and is tested regularlyRead MoreShould Prostitution Be Legalized?1537 Words   |  7 PagesProfessor Petretto English 111 15 Nov. 2016 Should Prostitution be Legalized? Prostitution has been and may always be one of the most controversial topics in the United States. While there are some who argue that prostitution should be legalized, others do not agree with this theory. Some advocates argue that prostitution is a victimless crime and that it should be a decision that one chooses on his or her own. They also believe that the legalization of prostitution will minimize crime, increase tax revenueRead MoreShould Prostitution Be Legalized?1411 Words   |  6 PagesShould prostitution be Legalized? Whether or not prostitution should be legalized is, for some, a morally plagued question. The value society puts on sex can directly affect whether or not legalization will be considered. Even within Europe there is a drift. While France has banned prostitution it is legal in Germany, and has been since 2002. Is France morally outstanding, or is there something more to prostitution then what generally thought? The legalization of prostitution will affect many other

A King’s Collapse Free Essays

A King’s Collapse Unfortunately, in about every person’s life either a tragic event or a series of tragic events can be found and in some cases more than others. To many people a tragic hero could be defined as someone who performs a heroic act, but dies in the process. Nevertheless, this statement is wrong, but instead a tragic hero needs five elements. We will write a custom essay sample on A King’s Collapse or any similar topic only for you Order Now To be a tragic hero one would need noble stature, a tragic flaw, free choice, excessive punishment and increased awareness. When discussing the play Antigone, a perfect example of a tragic hero would be Creon. Though many people might argue Antigone to be the tragic hero, but she is missing the element of increased awareness. Imagine finding out that your father married your grandma and your brothers killed each other over power. Then your uncle steps in to be king and declares that one of your brothers will get no burial because he was a trader. This information starts off a tragic play called Antigone. In the play, Creon must have noble stature in order to be the tragic hero. One way Creon has noble stature is that he is the king which gives him power over the people. Antigone voiced this when she told Creon, â€Å"They share my views, but they keep their mouths shut just for you. † (Sophocles 12) Even though Antigone was telling Creon that his people did not share his views, what she said showed that Creon still had power over them. Another two ways Creon has noble stature are that he creates the laws and Creon’s decisions affects everyone. This is shown when Creon states, â€Å"It’s impossible/ to really know a man, to know his soul,/ his mind and will before one witnesses/ his skill in governing and making laws. (L 198-201) This statement shows that Creon thinks everyone knows him because he is the one governing and making the laws. Creon may be the king of the Thebes, but Creon does have a tragic flaw. Flaws can be found in every single person that has lived either in the past, present or will live in the future. Though there are many people, like Creon, who believe that they have no flaws. This was just a side affect of Creon’s tragic flaw which was excessive pride. Creon’s excessive pride leads him to not taking any sort of advice from anyone, especially women. This is shown when Antigone tried persuading Creon and Creon replied with, â€Å"No woman’s going to govern me- no, no- not while I’m still alive. † (L 599-600) This not only shows his excessive pride, but also that he has absolutly no respect for women. Creon may have especially not listened to women, but he had the same communication level with everyone else, too. This is proven when the chorus leader tries reasoning with him then finally tells him, â€Å"Old man you’re like archers shooting at me. † (L 1149) This states that Creon had excessive pride, but he also was persistent and stubborn. Creon may of had excessive pride as his tragic flaw, but he also had the free choice when making his decisions. With both Creon’s excessive pride and him being the King of Thebes, he created a proclamation. This is one of the many unfortunate events that lead up to the tragic ending in Antigone. With this proclamation Creon was very forceful when making sure everyone knew it and the consequences they would apprehend if broken. Ismene restates, â€Å"For Creon this matter’s really serious. / Anyone who acts against the order/ will be stoned to death before the city. (L 41-43) This was the punishment for anyone who would betray him by breaking the proclamation which showed he had his own free choice on what the punishment would be. He also had the free choice on who to forgive and who to punish. This was shown when Creon claims, â€Å"An enemy/ can never be a friend, not even in death. † (L 598-599) When Creon says this it shows everyone that Creon has no respect for traitors at all and they will be punished no matter who they are. Creon’s noble stature, tragic flaw and free choices have all lead up to Creon’s excessive punishment. To be completely truthful excessive punishment could be a lot of different things, but the most common one is probably death. Though in Antigone death is not Creon’s excessive punishment. Instead, Creon’s excessive punishment for everything he had done was the loss of his son and wife. In Antigone, Creon had changed his mind about his actions and went to go fix them, but in the end he still lost his wife and son. Creon made it clear that he was going to fix things by saying, â€Å"Alas- it’s difficult. But I’ll give up. I’ll not do what I’d set my heart upon. / It’s not right to fight against necessity. † (L 1236-1238) This shows that Creon was finally persuaded into not killing Antigone and burying Polyneices. Creon may of finally changed his mind, but he was too late to save anyone from death. Then after Antigone, his son and his wife he finally admits, â€Å"I killed you, my son, without intending to,/ and you as well, my wi fe. How useless I am now. † (L 1479-1480) This statement shows exactly what Creon’s excessive punishment was which included losing his family. Creon’s actions and his excessive punishment lead to his increased awareness of what he had done and the consequences he would now have to face because of them. The last element one needs to inquire before being classified as a tragic hero concludes to be increased awareness. Through all Creon had done, in the end, he finally realized that he should not have been so selfish nor stubborn. Creon lastly voiced the truth as he stated, â€Å"A las for me†¦ The guilt for all this is mine-/†¦ I, and I alone†¦ / I murdered you†¦ I speak the truth. (1463, 1465-1466) This comes to show that Creon comprehended that even though his son and wife killed themselves, he still was the reason in which they killed themselves. For any one person, with is awareness that you comprehend there has to be guilt that follows. His regret is stated as, â€Å"Oh the profanity of what I planned. / Alas, my son, you died so young-/ not your own foolishness but mine. † (L 1410-1412 ) In this quote it explain not only that Creon made mistakes or that he regrets it, but it also shows that Creon realizes that he made foolish mistakes that he would expect someone much inexperienced to make. Mix this five elements: noble stature, tragic flaw, free choice, excessive punishment, and increased awareness together and one would result with a tragic hero. Since almost everyone in the world has exprienced or seen some type of either tragic event or a series of tragic events in their lifetime it can be concluded that each person has their own definition of a tragic event. In many cases the established definition can be dependent on how severe the tragic event happens to be. The same thing happens when defining what a tragic hero consists of being. The correct difinition for what one needs to be a tragic hero states that a person should need five elements: noble stature, a tragic flaw, free choice, excessive punishment, and increased awareness. Creon from the tragic play Antigone could be cosidered to be a perfect example of a tragic hero. Now many people might beg to differ that Antigone is the real play, but in all actuality Antigone missed one of the elements in the play. The element that allowed Creon tone the tragic hero instead of Antigone was that Antigone had no increased awareness in the end. 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Tehran Yalta Conference free essay sample

The conference was held to discuss military strategies, plans for defeating Japan, and decisions about the postwar period. The conference was followed by the Yalta Conference. The three leaders met at Tehran, Iran and It was the first time all three met. The aim of the conference was to finalize the strategy plans for D-Day and the opening of the second Front. As the conference was coming to a close, the three traders agreed that unconditional surrender would be the only option.Stalin also tried to convince the other two to move the Poland border line. Other little Issues were dealt with after the mall Issues. The three leaders agreed to respect Irans government and support Turkey If they were attacked by AXIS troops. Yalta Conference The Yalta Conference was held on February 4, and lasted till February 11, 1945. The three Allied leaders met near Yalta. The aim of this conference was to discuss the reorganization of Europe after the war. We will write a custom essay sample on Tehran Yalta Conference or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They agreed that, after the war, Germany would be split into four occupied zones. The leaders also discussed state of Poland. They came to an agreement that the communist government of Poland, supported by Stalin, would be reorganized. Stalin agreed three months after the defeat of Germany, that the Soviets would enter the Pacific War. They also discussed that the defeated nations would be divided into occupation zones and put under the Allied control. The Germans would be paying some war reparations in the form of forced labor.