The Meaning of Actus Reus and the Chain of Causation
The term actus reus is Latin for ‘the guilty act’. It is essential in criminal law, as actus reus must be there for their to be a criminal offence. It can mean a guilty act or an omission to act. In the crime of murder, then the actus reus would be the killing of a human being.
The act must be voluntary for the defendant to be guilty. For example, if the defendant acts out of reflex because of another force, it is not voluntary and the defendant cannot be found guilty. A good example can be found in the case of Hill v Baxter (1958) where a driver is being chased by a swarm of bees and driving a car in these conditions would be extremely hard so
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The defendant used his girlfriend as a human shield when firing at the police. The police returned fire and shot his girlfriend and killed her. He claimed that it was the police that had killed her and not him. He was found guilty of manslaughter as the result would not have happened ‘but for’ the actions of the defendant.
To break the chain of causation it would take actions of a third party intervening, the victim’s own contribution to the events or a natural and unforeseen event such as an earthquake.
It is no excuse if the victim has a medical condition to that means that they are more susceptible to injuries. It is unlucky on the attacker but the actus reus is still there. Te defendant should ‘take the victim as they find them’ and this is known as the ‘thin skull rule.’
Explain in detail what is meant by the term mens rea. Discuss the different types of mens rea a defendant might have.
Mens rea is Latin for ‘the guilty mind.’ For a defendant to be found guilty of a crime, it must be proven that the defendant had the guilty mind to commit the actus reus. The defendant can only be found guilty of a crime, when both the actus reus and the mens rea are present. They must be present at the same time or close together.
For the defendant to have the mens rea they must have an intention to commit the crime. There are two types of intent. The first is
The defendant, Mr English, was in a dispute with the dealership after his car was stolen while being serviced (this was being dealt with by insurance company but is somewhat of a side note and not so important)
Richards v. Richards, 181 Wis. 2d 1017, 513 N.W.2d 122. For example, in Richard, the court found the document signed by the plaintiff served two purposes: (1) authorizing her to ride in a Company truck, and (2) releasing Company from liability. Id. Moreover, the court ruled that a reasonable person would not take a document titled “Passenger Authorization” to release the defendant from liability. Id. In Richards, the plaintiff signed the waiver required to ride along with her husband in his truck. Id. at 1010, 513 N.W.2d 119. While riding in the truck with her husband, the truck overturned and the plaintiff was pinned inside the vehicle, causing injuries. Id. at 1014, 513 N.W.2d 121. The court concluded that the waiver did not go far enough as to describe the nature or significance of what injury the plaintiff might sustain because the passenger release and authorization to ride were combined into one document and served two purposes. Id. at 1018, N.W.2d
Actus Reus – The term Actus Reus is Latin and loosely translated it means the wicked act.
How powerful is Mayella in certain situations? Mayela is white but she is poor and equal to the other race, but at trial, she is white, with a white jury, and in a building filled with mostly white people. Mayella is poor, lives behind the dump, at a pig farm, and in an abandoned slave cabin. Mayella is a woman, and when she is crying or being assaulted we feel sorry for her and she uses the sympathy as her advantage during the trial. How powerful is Mayella in class, race, and gender?
The decision of the High Court in regards to the intoxication of the plaintiff and resulting level of liability is echoed in sections 49 and 50
(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
Actus reus is the Latin term for “guilty act” and is defined as the physical element of an offense covering all acts which are not psychological, it is one of two integral elements which are needed to make up an offence the other being mens reus, when these two are paired together without any defence the resulting verdict in a court of law would be guilty.
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.
Oxford English Dictionary- An action or omission which constitutes an offence and is punishable by law: ‘shoplifting was a serious crime’.
the instant offense of conviction; (2) the instant offense of conviction is a felony that is
Actus Reus: There is not a crime unless a person has committed an act. There is a distinction between an act versus a status. A person with a drug addiction cannot be convicted for being an addict. The law only punishes actions. Was the act voluntary or involuntary in nature? If a sibling involuntarily struck their brother while sleeping in the middle of the night would not constitute as an assault, as it was an involuntary motion. Ca
The film describes a crime as being a violation of public laws which are the laws imprinted in the constitution and the law book of our society. According to the text Criminal Justice in Action, a crime can be defined as an action or activity that is considered an offense against society that is punishable by criminal law and sanctions based on laws. In the film, there are two different classification of crimes: a misdemeanor and a felony. Misdemeanors are petty crimes that can give you a punishment of less to a
Consequentialism and non-consequentialism are both action based ethical frameworks that people can use to make ethical judgments. Consequentialism is based on examining the consequences of one’s actions as opposed to non-consequentialism which is focused on whether the act is right or wrong regardless of the outcome (Burgh, Field & Freakley, 2006). The three sub-categories of consequentialism are altruism, utilitarianism and egoism.
A crime is the breaking of certain rules laid out by a society i.e. the Government. Crime is said to be ‘activities that break the law and are subject to official punishment (Holborn and Haralambos, 2000, pg. 330)