Actus Reus

However, due to this idea of strict liability offences not requiring proof of fault leads to the simple moral claim of ‘is it right to punish a person who had no intent to commit a crime, and took precautions not to let anyone get harmed in any way, to still be convicted?’ This opens the argument against the use of strict liability as it suggests that no matter what the opposing says, strict liability is a criminal offence and it is not vigorously enforced. This in turn lowers the respect to law and the criminal justice system as it appears that the justice system cannot

A lack of personal responsibility can cause many problems. Not only for the person who is making the choice not to take personal responsibility but for the people around them. One such example related to law enforcement could be if an officer with a department vehicle doesn't get the

The duty of easy rescue is perhaps one of the most heavily debated and most controversial topics in criminal law. The origin of this duty is Biblical and it aims to punish the so-called ‘bad Samaritan’ who fails to render assistance to a person in peril . Unlike the Anglo-American jurisdictions , most European states recognise the duty of easy rescue, albeit to different extents . Scots law per se does not impose a duty of easy rescue on ordinary citizens and failure to act constitutes a criminal offence only in exceptional circumstances; these include ex gratia close proximity relationships . In this essay, the author will purport to elucidate whether Scots law shall impose a duty of easy rescue, and if so, to what extent shall such duty be recognised in Scotland.

There are six elements when committing a crime; corpus delicti, actus reus, mens rea, specific intent, general intent, and negligence. The first, Corpus delicti, is defined as "the body of crime” this is the material that substance a crime. The phrase corpus delicti means that before a person can be persecuted there must be concrete evidence that the crime was committed. The corpus delicti also helps to describe the evidence that proves that a crime has been committed.

Actus Reus Non Facit Reum Nisi Mens Sit Rea: An act does not make a person guilty unless the mind is also guilty. In the case of R. v. Pickton (2010), the Supreme Court of Canada convicts serial killer Robert Pickton of second degree murder and demonstrates that even if an individual was not the sole perpetrator of a crime, they are still held equally liable for the crime as long as they are an active participant or otherwise abetted the misconduct. The Supreme Courts made the correct decision in dismissing Pickton’s appeal.

Crimes all have two fundamental elements that must be present in order for an act or omission of duty to be classified as a criminal act. This involves the concept of actus reus or ‘guilty act’ in Latin and mens reus or ‘guilty mind’ in Latin. It is the role of the prosecution to prove that these elements are present to charge a person with a criminal act.

The risk need only be of some harm – not of serious harm, LARKIN (1943). An act aimed at property can still be such that a sober and reasonable person would realise the risk of some harm, GOODFELLOW (1986). There must be a risk of physical harm; mere fear is not enough, DAWSON (1985). The unlawful act must cause the death. The normal rules of causation apply; the act must be the physical and legal cause of death.

"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." Martin Luther King's words, which just correspond with the above assertion, perfectly tell us what to do in face of laws, either just or unjust.

Descartes’ argue that mind is better known than body by first claiming humans as fundamentally rational, meaning “a thing that doubts, understands, affirms, denies, is willing, is unwilling,” ( Descartes, 19) he therefore argues that humans have the ability to know their proper minds clearly and distinctly. He proposes the conception of the mind where the imagination and the senses are also inherent capabilities of the body (faculties), specifically powers of the mind.

In David M. Armstrong’s “The Nature of Mind”, Armstrong praises the field of science and seeks to put the concept of mind into terms that agree with science’s definition of minds. His interest is in the physico-chemical, materialist view of man. Armstrong considers science to be the authority over other disciplines because of its reliability and result in consensus over disputed questions.

(PAP) a person is morally responsible for what he has done only if he could have done otherwise (829)

not of any said crime, but the true measure of guilt or innocence is only as

In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.

Actus Reus is the physical act of the crime why the defendant did what they did? Referring back to murder the defendant could have unlawfully kill someone if they had a bad intention but if the defendant did it for self defence then it is not classed as unlawful. Omissions as Actus Reus is killing the victim e.g. stabbing them, running them over, shooting them etc. the natural rule of omission cant actually make the defendant guilty of the act he has committed. This was told by Stephen J, a 19th century judge in the following way and I quote “A sees B drowning and is able t save him by holding out his hand. An abstains from doing so in order that B may be drowned. A has committed no offence” an omission is only agreeable for the Actus Reus, where there is a duty to act. There are four important positions in which such duty can exist.

The mind and body problem is a conundrum that argues the explanation of how mental