Criminal Law Kiaira Knox 3.14.13. Criminal law addresses the government’s prosecution of individuals who have committed an act classified as a crime. Federal‚ state‚ and local governments categorize crime and prosecute criminals. This is the nature and purpose of law. Without laws‚ people wouldn’t know what to do. The rule of law is the belief that an orderly society must be governed by established principles (laws) and applied fairly to all of its members (basically stating that no one is
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Criminal Law 2 Homicide 1. Murder a. Actus i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a)) 1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose‚ decision not desire (Hyam) 3. Foresight of certainty (Woollin) 4. Knowledge of chance of consequences fulfils malice requirement
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victim may decide not to report a minor infraction when a conviction isn’t likely. So would that mean although there had been an offence‚ there hadn’t been a crime? Legal tradition states that in order for an offence to be a crime there has to be “Actus Reus” and “Mens Rea”‚ with this is mind identical events may be classified as a crime‚ or otherwise depending on the circumstance of the situation in which it occurred. For example to shoot a man with the intention of killing him is a crime‚ this has
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Upon arriving at the scene‚ the investigator may talk to the first responders to collect as much information as possible. Such as the initial condition of the scene and anyone involved in the alleged crime. The invesigators will examine the crime scene and search for physical evidence‚ collect and document the evidence. The scene must be searched thoroughly and methodically to discover as much evidence as possible related to the crime and to connect the suspect to the crime. The apartment is best
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carefully reviewed the legal opinions in Sweenie‚ on 22 March 2002 the Lord Advocate’s Reference (No1 of 2001) overruled Sweenie and gave opinion that it was not a requirement that the man forcibly overcame the will of the woman. This changed the actus reus of rape from “a man having sexual intercourse by force and against the will of the victim” to “sexual intercourse with a woman without her consent”. In December 2007 the Scottish Law Commission issued a report on rape and other sexual offences
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CLEARLY CIRCLE THE LETTER WHICH INDICATES THE BEST ANSWER FOR THE PROBLEM. 1. In a negligence case‚ the plaintiff must establish: d a. duty‚ strict liability‚ causation‚ and injury. b. mens rea‚ breach‚ foreseeable harm‚ and injury. c. duty‚ actus reus‚ foreseeable harm‚ and causation. d. duty of due care‚ breach‚ causation‚ foreseeable harm‚ and injury. 2. The elements in a defamation case are: a a. defamatory statement; falseness; communication; and injury. b. a contract; knowledge of
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INTRO TO SUBSTANTIVE CRIMINAL LAW 1) Crime: “Conduct which‚ if duly shown to have taken place‚ will incur a formal and solemn pronouncement of the condemnation of the community” ; “Any social harm defined and made punishable by law” 2) Burden of Proof: “Proof beyond a reasonable doubt = proof of such a convincing character that ToF would be willing to rely and act upon it without hesitation in the most important of their own affairs.” * Burden of Production: Prosecution has the burden
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CH7 Crime-business community: Elements of crime(criminal law)1 actus reus(guilty act) wrongful behavior. 2 mens rea(guilty mind)wrongful state of mind. When liability is assessed without guilty mind it is liability without fault or strict liability ex. unknowingly selling alcohol to minor. Criminal burden of proof –guilty beyond reasonable doubt civil b.o.p-a preponderance of the evidence(more likely than not). Classification of crimes:1 felony serious crimes punishable by imprisonment for over one
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General Defences in Criminal Law - Insanity Intoxication can be either voluntary or involuntary. In general‚ where the intoxication os voluntary‚ a person should not be excused from their actions. This is because that person is responsible for being in the state of intoxication that impairs their judgement. Intoxication‚ however‚ can be used to show that the defendant could not form he necessary mens rea for the offence with which he has been charged. In that sense‚ it can provide a defence.
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Besides showing that the person committed the unlawful act (Actus reus)‚ a mental component must too be satisfied. The mental component is referred to as the mens rea‚ meaning “intention to do wrong”. This intention must be established for most findings of criminal responsibility. The importance of mens rea is obvious
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