Mens rea Essays

  • Advantages And Disadvantages Of Mens Rea

    1312 Words  | 6 Pages

    The mens rea is the mental element of an offence. It refers to the mental state of the accused in terms of the offence. If no mens rea is present the accused cannot be convicted with the exception of absolute or strict liability. In order for a person to be guilty of a specific crime it is expected that the defendant has the necessary mens rea.(4) ‘Intention means the conscious objective or purpose of the accused.’(1) Intention is not the same as motive or desire to achieve a particular result.

  • Mens Rea In R V Mohan

    1352 Words  | 6 Pages

    Mens rea is the element of a crime which alludes to what is known as the “guilty mind”. The case of R v Mohan [1976] QB 1 , the case dealing with the meaning of intention in the context of the offence of murder, James LJ clarified that intention meant ‘aim’ or ‘a decision to bring about a certain consequence’ whilst mens rea is generally related with motive what it more directly links to the notion of intention. There are two types of intention, direct intention and oblique intention .Oblique intention

  • Compare And Contrast The Four Classifications Of Mens Rea

    2029 Words  | 9 Pages

    Mens Rea is the Latin word for a ‘guilty mind’ (Latin dictionary reference?). In the English Law it can be defined as ‘the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused’ (oxford dictionary reference) known as the Actus Reus of an offence. Mens rea is made up of four fault elements: Intention, Knowledge, Recklessness and Negligence. Establishing which category of Mens Rea an offence falls under is important in many cases where

  • Examples Of Strict Liability Offence In Criminal Law

    1483 Words  | 6 Pages

    prosecution to prove mens rea on the part of the accused, in doing so as to demonstrate intent, recklessness or knowledge on their part unless the crime is one of strict liability. The three types of mens rea which the courts take into consideration are set out as follows; Intent refers to the state of mind accompanying an act especially a forbidden act. It is the outline of the mental pattern which is necessary to do the crime. At times criminal intent is used in the sense of mens rea-the mental element

  • Dispositional Risk Factors

    3838 Words  | 16 Pages

    proceedings. In any offences, the accused should be proven on whether he has physically done the act (actus reus) or that the act has casued the offending consequences. Secondly, the accused should be assessed on whether he/she has intention to do it (mens rea). Three other forms of intent that needed to be taken into considerations are: Recklessness, Negligence and Accident. Recklessness is defined as the deliberate taking of an unjustifiable risk. A man is reckless with respect to the consequences of

  • Necrophilia In William Faulkner's A Rose For Emily

    1173 Words  | 5 Pages

    Necrophilia is described as a person having sexual feelings or performing activities that involve a corpse. Miss Emily Grierson, the protagonist in William Faulkner’s short retrospective Gothic “A Rose for Emily,” is a necrophiliac. In this Gothic work, Faulkner illustrates how isolation from society can drive someone to commit grotesque acts. Faulkner expands on the theme of loneliness in his Gothic, “A Rose for Emily,” through the interactions Emily has with the townsmen, the death of Emily’s father

  • Theories Of Omission

    2080 Words  | 9 Pages

    Introduction First of all, a defendant will only be found guilty of a crime if the prosecution can establish two main elements of a crime, which are actus reus and the mens rea. Actus reus is the wrongful act or omission that comprises the physical component of a crime. Mens rea is a person’s awareness of the fact that his or her conduct is criminal. For a defendant to be held liable, it has to be proved that the defendant voluntarily performed the act or omission. In Hill v Baxter , it was established

  • Pluto Fainting Case

    851 Words  | 4 Pages

    The case at hand is a very unfortunate circumstance because although Pluto did experience minor fainting spells in the past, I do not think that Pluto knew how serious the fainting spells were therefore I think that he should be charged with causing death and bodily harm, however, I do not think that Pluto should get the full sentences associated with the crime. Linden R., (2016) states that if a person knows they are liable to experience sudden fainting spells and continued to drive a motor vehicle

  • Mens Rea In Criminal Law

    2067 Words  | 9 Pages

    on to secure a conviction, the prosecution must prove beyond doubt that the accused not only committed the particular offense (actus reus) but also that the crime was committed with the sole intention of committing the crime (the defendant had the mens rea when committing the crime. (Karlen H. Peter

  • Mens Rea In Criminal Justice

    704 Words  | 3 Pages

    Mens Rea What is mens rea? Mens rea is the Latin words for criminal intent. In the criminal justice field, this phrase is very important. It is a big deal because for a crime to be committed there has to be the criminal intent by the person accused of the crime. In the case I will discuss today the issue is whether the person in this case Maria, had the criminal intent or not. Maria was in Mexico when she was approached by a woman who offered her one thousand dollars to cross a car over to the United

  • The Awakening Relationship Analysis

    823 Words  | 4 Pages

    The Ideal Friendship The friendship between Adele Ratigonlle and Edna Pontellier is perhaps one of the purest relationships in The Awakening. Kate Chopin places their relationship as an important factor to the story and to Enda’s character. The relationship between the two survives into the end of the book despite Enda and Adele being displayed as near opposites by that point. Adele is a happy, organized, house wife who enjoys her children and finds purpose in this lifestyle. Edna is juxtaposed as

  • Deportation At Breakfast Short Story

    970 Words  | 4 Pages

    The story “Deportation at Breakfast” opens with a man, who we never learn the name of, entering a small restaurant early in the morning. He is new to this place called Clara’s and notices that only two tables are occupied. He sits at the counter and orders an omelet from the only person who seems to be working who is a man named Javier. While Javier is making the food, there are some policemen who come in and arrest him and take him out to their car. The man’s food is still on the grill so they start

  • Creon In Sophocles Antigone

    920 Words  | 4 Pages

    wants whenever he wants. Although he is the king of Thebes, he is still kind of taking advantage of his power and step over the line. In another instance, in the same scene, Creon says, “Money! There is nothing more demoralizing as money. Homes gone, men gone, honest hearts corrupted, crookedness of all kinds, and all for money,” (pg. 201). Now, Creon is saying that anyone can be bribed into doing anything. He gave the example of “homes gone,” he also said that even the honest hearts can become corrupted

  • Personal Narrative-Semheralda's Story

    835 Words  | 4 Pages

    bright, warm afternoon when my life was forever changed. I strolled through the village and all its commotion. Young children scampered around playing games that reminded me of my youth. The teenage boys and men were hauling in today’s catch: several generously sized buffalo. Among the group of men were my father, Sehcotum, and my brother, Chikonep. Then I smiled at them as I walked along the smooth dirt path that encompassed the village. Before making my way back home to prepare for the midday meal

  • The Pupil Henry James Analysis

    753 Words  | 4 Pages

    not show confidence or assertiveness at all. In addition, to mocking his role as inferior position, there is the element of his profession. He is being mocked as a teacher which in the time period most men were not teachers as that was not perceived as a very important job that was to be done by men. As a result, the mockery of the young man is only reinforced as he is an inferior teacher that is at

  • Women In Fairy Tales

    1351 Words  | 6 Pages

    menaced the patriarchal order itself (203). No longer relying on men for emotional or economic support, these women were harder to control (203). However, back in the days when these tales were crafted, “most women had not been by tradition so fortunate as to enjoy the economic independence that would enable them to run their lives as wished” (203). As a result, their roles in society were entirely defined by their relationships with men (207). This point is related to another one also discussed in

  • Beauty And The Geek Analysis

    1354 Words  | 6 Pages

    Women are supposed to be looked at. Men are supposed stare at women. This is the natural order of our society. Women, in society, are expected to have a certain type of look in order to be beautiful. Ads for movies shows, and form of media typically shows a dismembered attractive looking women in order to sell their product. Females are told to shut up and look pretty for the camera. It is so common that Hollywood thinks it is acceptable to portray women like objects, but it does acceptable to

  • Revenge In Medea

    1006 Words  | 5 Pages

    MEDEA Medea is a tragedy, written by the ancient Greek playwright Euripides in 431 BCE based on Jason and Medea, and particularly Medea’s revenge against Jason for betraying her with another woman. The play is set outside their house which represents the entire nation, Corinth, a Greek city. If the structure of the house is decentralized, so is the nation. In this play, revenge is a necessity and central to the play. Medea’s husband has not only wronged her by marrying the King of Corinth’s daughter

  • Black Masculinity Analysis

    1528 Words  | 7 Pages

    books and articles always convey the message that Black men are out of control, wild, uncivilized, and violent. She continues on to express the notion that due to being labeled as beasts that lack emotions by Whites, Black men internalize and claim it as a mark of distinction, as the edge that they have over White males. After reading this chapter, I noticed that she is exactly right and in today’s society all those traits of how Black men are violent, emotionless, and controlling are combined into

  • Honor In Horstberg's A Matter Of Honor

    1042 Words  | 5 Pages

    fingers. He is a man among men”” (Michaels 438). He is unique and all his dealings are dealt with honor. He never accuses someone of being guilty without all the facts, nor is he lenient when evidence proves someone guilty. He is exemplary and coveted by many women. His reputation as Horstberg’s bachelor does nothing to help the situation, but when he does find the woman he loves, he never once compromises her, nor does he give her reason to fear he will. Unlike other men in her life, Lance is the