The Actus Reus And The Mens Rea

Mens rea, actus reus, and concurrence are all elements to a crime. These elements must be present to charge a person with a crime. The guilty mind is known as the mens rea being that a person has the intent to commit the crime with the mental capacity. The “actus reus” of an

All societies have rules and regulations as well as penalties for those who violate them. There are numerous theories about the philosophy behind these laws and punishments, and the reasons we implement them. A short analysis of two of these perspectives can shed light on the differences between the various ideas while illustrating that, in reality, each theory carries some validity.

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.

Imagine a world without law, surrounded by anarchism and people who can do whatever they please. A world without law would result in a corrupt and unfair society, ruled by the authoritative elite. In the narrative, To Kill a Mockingbird by Harper Lee, law is a major theme in society that controls the actions of the people and the destiny’s of the wrongdoers. A world without law is a world of chaos and calamity; therefore, laws are established to keep order and safety in the world that God created.

Rule: Omission to act (or reneging on a duty to act) or acting as an accomplice to the action of another all of these are other forms of homicide, such as when the failure to engage in an activity (such as not preventing someone from drunk driving) or facilitating a crime results in a murder.

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the

Imagine if someone you loved was shot. You call the cops, but they say that there is nothing that can be done because there are no laws saying they have to punish the criminal. If there were no laws, criminal could get away with crimes like that repeatedly without any punishment. This is a prime example of why laws are needed to keep society in order. The idea of rules in society has been around since King Hammurabi created the first set of laws in 1760 B.C. Egyptian civilizations created laws so that their society would last longer than other civilizations because people would respect their morals. William Golding, the author of Lord of the Flies, made a statement about human nature, saying that, “Man produces evil as a bee produces honey.” He had a theory that

As we all have observed, throughout history each culture or society has unique norms that are acceptable to that group of people. Therefore, to establish and come to the acceptance of these basic norms, each society must develop its’ own strategies and techniques to encourage the fundamentals of behavior, which is clear in our modern society. Most do assume that everyone in a society will follow and respect such norms. However, some tend to deviate from the adequate norms and demonstrate deviant behavior. Nevertheless, we are inclined to ask ourselves, why do people decide to violate such important standards of living?

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

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.

Actus reus is split into different category’s with each one representing a different form of it these categories are as follows, causation, this is what the offense caused for example the actus reus of Murder would be somebody dyeing as a result of the defendants behaviour.

Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.

meaning of the rule of law is a state of order in which events conform

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.