Friday, October 18, 2019
Criminology Essay Example | Topics and Well Written Essays - 1250 words - 3
Criminology - Essay Example They include shop lifting and disorderly conduct. Some offenses called wobbler can be classified as felonies or misdemeanor depending on circumstance. Petty offenses or infractions are insignificant crimes involving very minor misconducts classified as violations of public welfare, an example is traffic violations. They are not punishable by incarceration but through monetary fines or community service (Fletcher 31). The basis for proving criminal liability the accused is that, the defendant is proved to have committed a guilty act with a guilty state of mind. The physical elements of such a case are called actus reus while the corresponding mental state is called mens rea. It is the prosecutions duty to prove those elements of the offense to the contentment of the jury beyond reasonable doubt, otherwise the defendant is acquitted. Criminal law formulates that individuals should be punished based on the retribution they deserve as such, they are culpable if they demonstrate insufficient concern for others by choosing to cause risk or harm to others for insufficient reason and does it voluntarily (Fletcher 46). Actus reus is the physical action one takes in order to be culpable of a criminal offense, though it is possible for one to commit a crime by omission rather than an affirmative act. For example, voluntary failure to perform the legally required act of filing and paying tax. To be responsible for a crime, one must perform the legally required act for that crime. For example, the actus reus for burglary is that one must break into a roofed structure or vehicle. The voluntary action provision in actus reus recognizes that people are not responsible for actions over, which they have no control. For example, an epileptic person may have a seizure at a mall causing damage to property. Such a person is not criminally responsible (Norrie 111). Conversely, if such an individual is
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.