Criminal Law Paper Gaby Rielle CJA/354 Criminal Law August 12‚ 2014 Mendi Leigh Criminal Law Paper Maryland v. King‚ 569 U.S.‚ on June 3‚ 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner cheek was no different than taking a photo or being finger printed during the booking process. This case came to be after an individual was arrested
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Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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the Theft Act 1968 and states that “a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it” and has a maximum sentence of seven years imprisonment. The actus reus of theft has three elements that need to co-exist‚ these are “property”‚ “appropriation” and “belonging to another“. “Dishonesty” is one of two elements required for the mens rea of theft‚ with the other being an intention to permanently deprive
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Elements of a Crime and how the elements of a crime apply to the overall criminal procedure process? The three elements of crime are actus reus‚ mens rea‚ and the relationship between the two. Actus reus is commission or omission that is illegal. The act must be voluntary and must break a criminal statue. Mens rea is the guilty state of mind. Accidently switching briefcases with someone at an airport does not possess mens rea. (Jon’a F. Meyer‚ Diana R. Grant‚ 2003) The relationship of the two must
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Professor Aryka N. Moore Assignment 1 Week 4: Criminal Conduct and Criminal Law Determine whether or not a conviction is feasible when an alleged perpetrator does not have the required mens rea but has engaged in the actus rea. Provide a rationale to support your position. Crime has been a part of American history for years and will continue to be for all time. Criminal laws regulate human conduct and tell people what they can and cannot do and‚ in some instances‚ what
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offence "has been defined as conduct deemed criminal without actual harm being done provided that the harm that would have occurred is one the law tries to prevent".. For an inchoate offence there must be Mens Rea and in some cases there must be Actus Reus also. If A after procuring a loaded gun fires at B but however B escapes‚ but even though A will be liable for punishment for attempting the offense. And also in above case there exists _Mens Rea_ and _Actus Reus_ but however it does not made any
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In the movie “See No Evil‚ Hear No Evil”‚ Gene Wilder plays a character named Dave Lyons. Dave is hearing impaired‚ does not always know what is going on‚ and owns a newspaper stand. Soon comes along Wally Karue‚ a blind man‚ looking for a job who is played by Richard Pryor. Dave eventually hires Wally to help him out at the newsstand. Not long after Wally starts working with Dave‚ they witness a murder that took place at the newsstand. Dave and Wally are asked to come down to the police station
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The Documentary “Thought Crimes: The Case of the Cannibal Cop.” was based on thought crime‚ which means that a person has thoughts which are unacceptable which are considered against laws. A person can be punished for having such thoughts. This documentary was entirely based on that where this person has such thought where he always fantasied about kidnapping and eating his girlfriend and his other college friends. This kind of people who have such thoughts might actually commit crimes. Based
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dishonestly appropriates property belonging to another‚ with the intention of permanently depriving the other of it‚’ will be guilty of the offence. For this charge to be upheld‚ both the actus Reus and the mens rea have to be established. Actus Reus - Beginning with the physical element of the crime‚ the actus Reus it is made up of 3 elements – ‘appropriates‚ property‚ belonging to another.’ Appropriation is defined in S3‚ ‘Any assumption by a person of the rights of an owner amounts to appropriation
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The law generally requires that the accused possess a ‘blameworthy’ state of mind at the time the act comprising the offence was committed‚ and the basic presumption is that mens rea is required for every offence (‘actus non fit reus nisi mens sit rea’)‚ authority for which stems from Sherras v De Rutzen [1895] – “There is a presumption that mens rea … is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence
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