The Actus Re The Police Charged Potisk

A strict liability offence is one where it is not necessary for the prosecution to prove any mens rea. In most cases of strict liability even if one did not have the intent to commit a crime, however reasonable, in relation to a particular element of the actus reus of an offence, they can still be convicted. This can be shown in reference to Prince and Hibbert. Prince (1875) the girl was taken by Prince even though he knew she was in the possession of her father as he believed she was 18. Mens rea was needed for him to be sentenced and this was recognized as he had the necessary intention to remove her. Hibbert (1869) the defendant had sexual intercourse with a 14 year old

This paper summarizes four theories of criminology. Rational choice theory states that criminals act based on a thought process that weighs the pros and cons of criminality. Criminologists who believe in this theory feel that most criminals are people capable of having rational thoughts before committing a crime. Trait theory is the view of criminology that suggests criminality is a product of abnormal biological or psychological traits. Criminologists who believe in this theory feel that criminals choose to commit crime because of a brain anomaly or chemical imbalance. Social structure theory is “a view that disadvantaged economic class position is a primary cause of crime” (Seigel 139). Those who follow this theory often believe social forces can have a great effect on whether or not a person commits a crime. An example would be those who are poor are more being more prone to commit crime. Social process theory is a view that criminality depends on how a person interacts with different organizations and institutions and processes in society. For example, a family would be considered

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.

There are numerous different types of strategies for crime reduction. These include crime prevention tactics which are suitable for whole societies, and also forms of punishment which are suitable for individuals. Crime prevention strategies include situational crime prevention, environmental crime prevention, and social and community crime prevention.

Theories of crime causation get to the fundamental characteristics of human nature. Theories of crime causation can be separated into trait theories and choice theories. Both types of theories make valid points about the causes of crime, yet they are have different implications for preventing the causes of crime. Thesis: Trait theories and choice theories both assume that humans are self-interested, but their conceptions of self-interest limit the applicability of each to certain types of crime. Trait theories appear more suited for explaining the causes of violent crime, whereas choice theories are more appropriate to property crimes or economic crimes.

There are various theories within the biological explanation as to why individuals commit criminal behaviour, these include:

Situational crime prevention constitutes primary crime prevention measure. This is to say that it is aimed at deterring crime before it occurs. Situational prevention, like other similar primary prevention measures, focuses on subduing crime opportunities instead of the attributes of criminals or even potential criminals. It seeks to curtail opportunities for certain groups of crime by increasing the risks and difficulties associated with them and significantly reducing the rewards. Situational prevention is made up of three key elements: a sound theoretical framework, an authoritative methodology for dealing with specific crimes, and a collection of opportunity-reducing approaches (Felson & Clarke, 1997).

Three broad models of criminal behaviors are the following: psychological, sociological and biological models. Actually, it is difficult to completely separate them and it is generally accepted, that all of them play a role in the interpretation of behavior. Though psychological principles can be applied across all the three models, they all have some specific ones, which would help in implementing across different crime control policies.

When looking at criminal activity and the direct connection to the criminal behavior we see that there have been many research trials that have taken place over the history of humankind (Mishra & Lalumiere, 2008). Two of these research areas that have been developed to attempt to understand the causes of criminal behavior are known as biological and psychological perspectives of crime causation. These two sectors have their principles that are held in their theories as a standard scientific understanding of the basics that each evaluation of criminal behavior is built on (Dretske, 2004).

The causes of crime seem to be indefinite and ever changing. In the 19th century, slum poverty was blamed; in the 20th century, a childhood without love was blamed (Adams 152). In the era going into the new millennium, most experts and theorists have given up all hope in trying to pinpoint one single aspect that causes crime. Many experts believe some people are natural born criminals who are born with criminal mindsets, and this is unchangeable. However, criminals are not a product of heredity. They are a product of their environment and how they react to it. This may seem like a bogus assumption, but is undoubtedly true.

It was through the R. v. Sault Ste. Marie (1978) that the court was able to establish and recognize three categories of offences; True criminal offence, which involves having the state of mind of “intent, knowledge, or recklessness”; to commit the actual crime, and “must be proved by the prosecution either as an inference from the nature of the act committed, or by additional evidence”, meaning that a complete mens rea must be included within the offence, and take full punishment for their actions. The second category that was established in the Sault Ste Marie (1978) case, was the concept of Strict Liability Offences; in which, as described as offences that don’t necessarily require the prosecution to prove an existing mens rea, “the doing of the prohibited act prima facie imports the offence, leaving it open to the accused to avoid

The focus of this paper will be based upon different crime prevention strategies implemented by members of the communities, local and government authorities.

Criminals are born not made is the discussion of this essay, it will explore the theories that attempt to explain criminal behavior. Psychologists have come up with various theories and reasons as to why individuals commit crimes. These theories represent part of the classic psychological debate, nature versus nurture. Are individuals predisposed to becoming a criminal or are they made through their environment. There are various theories within the biological explanation as to why individuals commit criminal behavior, these include: genetic theory, hereditary theory,.

Here the defendants conduct must create a particular result e.g. murder, where the accused’s act must cause the death of a human being e.g. R v Mellor [1996], here the defendant injured the victim who died two days later in hospital, thus defendant was found guilty of murder by the court.

People commit crimes for various reasons. These various reasons got to do with social, economic, and cultural reason. These factors trigger an individual to do criminal activities. Social reasons are peer pressure, and school failure. Economic reasons are poverty. Cultural reasons are hatred. The combination of these factors is behind a person who commits crimes.