References: Arnold-Baker‚ C. (1996). The Companion to British History. New York‚ NY: Routledge. Cornell University Law School. (2012). Miller v. Alabama (10-9646). Retrieved from http://www.law.cornell.edu/supct/cert/10-9646 Cross‚ N. (2009). Actus Reus. Retrieved from http://www.sagepub.com/upm-data/31551_02_ Cross_Ch_02.pdf FindLaw. (2012). ALA CODE § 13A-6-2 : Alabama Code - Section 13A-6-2: MURDER. Retrieved from http://codes.lp.findlaw.com/alcode/13A/6/1/13A-6-2 FindLaw. (2012). Miller
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Pittwood (1902) where the gatekeeper of a train track forgot to close the gate. A car went over and the passengers died. The gatekeeper was found guilty of manslaughter for neglecting his duties. Another way where an omission can be the basis of the actus reus is when parents owe a duty to look after their children. Parents can’t avoid the responsibility of their children‚ at least until
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must see some harm and consequence‚ and the Actus Reus of GBH or Murder. For s18 to be applicable‚ direct intention needs to be proven. When Direct Intention cannot be proven‚ oblique intention (as per Woolin‚ however more recently Matthews and alleyene” is applied‚ which has more criteria. When it comes to D “foreseeing some harm” it is obvious there is a direct intention as Dave had the knife‚ ran after Edward and stabbed him in the leg. The Actus Reus can also be seen when Dave stabs Edward in
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Mens rea is a Latin term meaning "guilty mind". It refers to the criminal intent that is necessary as an element to be proven in a crime. Many civil law claims also include some level of mens rea as a required element. The four levels of mens rea set forth in the Model Penal Code are: 1. Purposely - Express purpose to commit a specific crime against a particular person 2. Knowingly - Knowledge that one’s actions would certainly result in a crime against someone‚ but did not specifically intend
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and Criminal negligence Causation is a term referring to the relationship between the cause of the accused behaviour or actions and the effect of that‚ the result in committing the crime. The prosecution establishes this usually by proving the actus reus and also proving the substantial link between the act and the crime. During the investigation process the four young people were questioned as to their knowledge of the murder. A month after the murder took place one of the teenagers was arrested
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Homicide – (Murder & Manslaughter) Homicide is the term for killing a human being unlawfully. There are two types of homicide‚ Murder and manslaughter. The actus reus is the same in any homicide; an unlawful act or omission that causes the death of another human being. The mens rea for murder is known as malice aforethought‚ which can either be express malice (an intention to kill) or implied malice (an intention to cause really serious injury with or without the foresight of causing death)
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CHAPTER ASSIGNMENTS Chapter One 1. Explain the purposes or rationales for punishment and the arguments in favor of each rationale. Include a discussion about current trends in punishment. Two main purposes: Retribution & Prevention. Retribution looks back to past crimes and punishes individuals for committing them‚ because it’s right to hurt them. Prevention looks forward and inflicts pain‚ not for its own sake‚ but to prevent future crimes. There are four kinds: General deterrence‚ Special
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1. What is law? (There are 6 functions) A body of rules of action or conduct prescribed by controlling authority. Six functions: keep the peace‚ maintain the status quo‚ preserve individual rights‚ protect minorities against majority‚ promote social justice and provide for orderly social change. 2. What does jurisprudence mean? What does common law mean? Jurisprudence is the philosophy of law. Common law is judicial decisions that don’t involve interpretations of statutes‚ treaties‚ regulations
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the crime must have failed (Lippman‚ 2012‚ p.178). Along with the three elements‚ both mens rea and actus reus must be present. There are two determining factors when deciding if mens rea is present: the intent to commit the crime and intentionally performing acts that come close to completing the crime (Lippman‚ 2012‚ p.178). In addition there are three tests to determine if there is actus reus present. The first test is the physical proximity test. This
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possible standard b. Preponderance of evidence – the standard of determining legal liability in civil trials requiring a certainty of more than 50 percent of defendant guilt c. Actus reus- the physical element of the criminal act d. Mens rea- the mental element in crime or criminal intent or the guilty mind 1. ACTUS REUS e. Human conduct rule- the requirement that some human action is required for criminal liability; thought is not sufficient 2. MENS REA a. Motive- reason a person commits a particular
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