Mens rea Essays

  • Importance 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

  • Direct Intention In 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

  • Mens Rea Definition

    1807 Words  | 8 Pages

    Main Content Mens Rea is the integral element in a criminal liability. Any act which is forbidden by law can be deemed as a criminal act. And when such an act is constituted it is very important that the act must be coupled with both the Mental element as well as the act done. When the act is not supplemented by the mental element then a crime may not be constituted, as the Latin maxim Actus non facit reum, nisi mens sit rea gives us a clear picture on the ingredients to constitute a crime and

  • 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

  • Omission Liability In Criminal Law

    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

  • Essay On Mental Crime

    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

  • 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

  • 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

  • Philippine Civil Code

    1294 Words  | 6 Pages

    “CHAPTER TWO CONFLICT BETWEEN PROVISION OF THE CIVIL CODE AND REVISED PENAL CODE OF THE PHILIPPINES RELATED TO BIGAMY A. Overview The Civil Code of the Philippines is the codification of private law in the Philippines. A general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date despite some significant amendments. Understandably, the Civil Code itself is unable to provide a definite answer for all emerging problems; thus the courts

  • Advantages And Disadvantages Of Prostitution In Thailand

    1115 Words  | 5 Pages

    commonly offers a special service to the costumer. The "Entertainment Places Act of 1966", still in effect today, makes it possible for Thais to render "special services". This is done, for example, by establishing such places as massage parlors where men come and look at women, who are sitting separated by a glass wall, and can pick and choose whom they want. The women come to the men's hotel room and massage them, but in reality do more than that. It is usually left for the customer to decide

  • Mens Rea Case Study

    1510 Words  | 7 Pages

    establish the key differences between the various levels of mens rea, foresight is a significant element to consider. This includes first of all Intention, both direct and oblique. In addition to these is recklessness which is looked at subjectively and objectively. In reference to foresight they all consider a different level and therefore fabricate a different outcome and consequence. The highest and arguably most serious type of mens rea is intention, of which there are two types: direct and oblique

  • Corporate Mens Rea Fiction Analysis

    1762 Words  | 8 Pages

    people within a company can commit a crime. However, once one accepts that the entire notion of corporate personality is a fiction there seems no reason why the law should not develop a concomitant corporate mens rea fiction. The real question is not whether the notion of a corporate mens rea involves a fiction, but whether, of all the fictions, it is the one that most closely approximates modern-day corporate reality and perceptions. The Collective Blindness Doctrine: Courts have found corporations

  • Analysis Of Lorraine Hansberry's A Raisin In The Sun

    1276 Words  | 6 Pages

    Langston Hughes seems to enjoy exposing his view on the dreams of all people projecting his concern through his poetry. For example, in “A Dream Deferred” he asks, “What happens when a dreams deferred? Does it dry up like a raisin in the sun?” This was his way of showing how a dream could shrivel and lose life over time. Many thought that at the end of 1950s “A Raisin in the Sun” by Lorraine hansberry the younger family had became what Langston thought would happen and Lena's chance at fulfilling

  • Animals In Streetcar Named Desire

    903 Words  | 4 Pages

    Playwright Tennessee Williams once said “a symbol in a play has only one legitimate purpose which is to say a thing more directly and simply and beautifully than it could be said in words”. He seems to take his own advice to heart when writing such a thought provoking play as A Streetcar Named Desire. While Williams makes extensive use of symbols in Streetcar, the use of animals and animal-like characteristics as a symbol are constantly used to define Stanley Kowalski’s character and convey his desires

  • The Natural And Moral Evil In Macbeth

    894 Words  | 4 Pages

    In the play of Macbeth, Shakespeare tells a story of a man and wife whose ambitions get the best of them. The couple seek to gain power in their kingdom, however there is already a king in power. Lady Macbeth is determined to become queen of the throne, and decides to push her husband to do so as well. Their determination to hold power brings out the dark demons in them while causing them to lose everything. The natural and moral evil in them is exposed as they push their moral boundaries to keep

  • Lady Macbeth Duncan's Death Analysis

    1167 Words  | 5 Pages

    The seventeenth century in which Shakespeare wrote Macbeth has one very important societal factor which has heavy influence in his tragedy. The idea of “manhood” in a patriarchal society and what it means to be a man is one of the contributing factors to Macbeth's eventual murder of his King. For Macbeth’s wife to manipulate him would be unheard of in this sort of society. Yet when trying to uncover who is truly at fault for Duncan’s death it becomes evident that it is in fact a woman, Lady Macbeth

  • Parent-Child Relationships In Chinua Achebe's Things Fall Apart

    1128 Words  | 5 Pages

    Parent-Child Relations in Chinua Achebe’s Things Fall Apart There are many different types and examples of relationships between the characters of Chinua Achebe’s Things Fall Apart; husband and wife, neighbors, neighboring villages, village and outsiders. More than any of those, the relationships between children and their parents are the most impactful in this story. These relationships, specifically between Okonkwo and his father and Okonkwo and his children, help shape the characters by showing

  • Arguments On The Hijab (Head Scarf/Veil)

    961 Words  | 4 Pages

    Some Men force the women they have control over to wear the Hijab and in some cases the Niqab (cover the face). Men believe that women who cover their body (beauty) have more respect within society and will not be sexually harassed by strange men in society. One of the common arguments made by these men is that they are supporting god and doing their duty as a Muslim (spreading Islam and putting people on the right track), God has said that women should hide their beauty form strange men as this

  • Odysseus And The Sireens Analysis

    1347 Words  | 6 Pages

    Odysseus and his men sail near where the Sirens live. The Sirens attempt to lure the men to their deaths with her song, but Odysseus has his men plug their ears and tie him to the mast so he can hear the song. They resist the song and escape with their lives. An artist and a writer take this story and describe it as an image of temptation, weakness, and strength. In the painting Ulysses and the Sirens, John William Waterhouse uses the image of the Sirens attempting to lure the men to show that people