I would go for a targeted communication strategy to each of the different stakeholders. The first one will be to Jessica’s parents to re-explain the true nature of these unfortunate circumstances. I would explain to them the entire process and where we went wrong and apologize. I would also convey that the unfortunate circumstances were not specifically targeted at them but it was a bad lapse in the entire process and while we can help at this particular time with your daughter, we will reevaluate the entire process to ensure that nothing like that ever happens again. I would also inform them that from now on, to reflect the changing demographics in the area the hospital covers, the hospital will be offering language classes to all their staff to better communicate with people from different social and cultural
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
The idea of blame, defined as, “A particular kind of response (e.g. emotion), to a person, at fault, for a wrongful action,” plays a significant role in the study of crime, with respect to degrees of “fault.” In most modern societies, “criminal culpability,” or degrees of wrongdoing, makes a difference between the kinds of punishment one receives for his action(s). To be culpable for a crime, there must be a guilty act (Actus Rea), and a guilty mind (Mens Rea). Degrees of culpability often depends on the kind of mental state, (Mens Rea), one brings to the act in which he engaged. How much one is blameworthy for wrongful conduct depends in part on the state of mind in relation to the wrongful conduct. One’s mental state while engaging in wrongful conduct, which in a legal sense is determined by legislators, is characterized by the following terms: purposely, knowingly, recklessly and negligence.
Discuss factors that affect sentencing decisions, including the purposes of punishment and the role of the victim
To convict an individual of a criminal offence, the prosecution must be able to prove to the Jury or Magistrate that the individual is criminally responsible. This is achieved by proving the Mens Rea (guilty mind) and Actus Reus (guilty act) of the accused beyond all reasonable doubt.
have plenty of evidence linking her to the murder. The jury ended up claiming not guilty of 1st
The second component of a crime, mens reus, or criminal intent, was demonstrated by the following example. At one point Miller covered Cannon with a sheet and stated, “Cole, I am God, I’ve come to take your life” (2012, p.1) The third element of a crime, concurrence, was chronologically sequenced with Miller’s intent to commit the act followed by his commission of the criminal act.
The nation’s sentencing model consists of three general types of sentences. These three different types are determinate, indeterminate, and
Actus Reus is the Latin term meaning the act of guilt (the outer or objective of a criminal offense). This is an essential element in the determination of a crime. Thus, when no reasonable doubt exists as a result of the demonstration of proof, the act of guilt, shown together with the intention of the individual to commit a crime (mens rea), creates criminal
The Crown court convicted her of Murder and rejected the defence of provocation. The court of appeal overturned the conviction and ordered a retrial.
“Sentencing is arguably a judge’s most difficult responsibility” (Bohm & Haley, 2011, p. 321). Factors that influence a judge’s sentencing decision include not violating a person’s Eight Amendment of cruel and unusual punishment (Bohm & Haley, 2011). Also, there may be laws that specify minimum and maximum sentences (Bohm & Haley, 2011). The United States has five types of punishment in place (Bohm & Haley, 2011). They are:
However the conviction was upheld as the act of holding the girls as a human shield while firing at the police officers was the initial act which caused the girl to be in a position to be shot and killed, therefore the conviction was upheld as the Actus reus was gained by the causation of the girls death as the chain of causation had not been
n criminal law, the mens rea refers to the defendant's state of mind at the time of their crime and there are several levels reflecting the need to have a particular mens rea for the offence committed. For example, in murder or a S:18 offence in the Offences Against the Person Act 1861, the mens rea present must be that of specific intent, which is where the defendant desired that particular outcome of their actions. However, it was held in R v Cunningham 1982, that the intention to cause serious harm was enough to satisfy the mens rea for murder. This shows that, where murder cases are concerned, that it is relatively easy to prove the required mens rea and in doing so the concept of fault is often satisfied. This is once again shown in oblique
Common law also permitted the prosecution to adduce evidence that was relevant to the accused’s guilt of the offence charged,
It is the nature of the case and the crime committed which surface the selection of applicable sentence. However, when the court finds a particular case unusual, the court may depart from the guidelines and resort to a pertinent sentence appropriate for the nature of the case. Thereafter, the appellate court may choose to review and determine its appropriateness and reasonableness (United States Sentencing Commission, 2008). Sentencing is evaluated by the U.S Sentencing Commission.They determine its effects to the criminal justice system and recommends necessary modifications thereof (American International College,