Mens Rea An Enormous Aspect Of Criminal Law Philosophy Essay

Mens Rea An Enormous Aspect Of Criminal Law Philosophy Essay Mens Rea is an enormous aspect of criminal law. Is the mental element that beseeched by the definition of a circumstantial crime and it encompass three degrees: intention, recklessness and negligence. The most reprehensible form of mens rea is intention, as it is more censurable to cause harm premeditatedly and additionally is used in more crucial offences such as murder which demands intention to kill or to engender Grevious Bodily Harm. A part of analysts considered negligence as the third degree of mens rea, as it refers to a failure to acknowledge the dangers. Hence, it will be evaluated as a distinctive guideline of blame as it mentions to the absence of a state of mind. Notwithstanding, mens rea is engaged with the appellants state of mind at the time of the actus reus, which covers everything except of the defendants state of mind, as it often illustrates the guilty act. Conjointly, the doctrine of transferred malice, appoint liability to the defendant of an offence if he has the appropriate intention and accomplished the actus reus on a different person than the intended. 0n this wise, in Latimer  [1]  , the defendant attempted to blow at one person but he missed and crashed one other, thus the doctrine of transferred malice exists, as the mens rea is the same. Consequently, in order for a criminal liability to subsist, the actus reus and the mens rea must coincide. Obviously mens rea associates with serious crimes such as homicide, theft and burglary, which have a wide range of elements in order to recognise the intention of the defendant. Homicide is an enormous aspect of criminal law which includes all the unlawful killings. The main categories of them are murder and manslaughter. All the homicide offences have a common actus reus, the unlawful killing. If the defendant has the mens rea for the murder, then the prima facie liability for the murder starts to exist. At this stage the jury has to consider if the defendant has the defence of provocation or diminished responsibility. If he has so, then he is liable of voluntary manslaughter, but if he has not, then he is liable for murder. On the other hand, if the defendant does not have the appropriate intention for murder, then he is convicted with involuntary manslaughter. As reported to section 1 of the Homicide Act killing shall not amount to murder unless done with malice aforethought  [2]  , which was illustrated in Cunningham  [3]  , as express and implied malice. Express malice divided into two sections, direct and oblique malice. Direct malice, is an un interrupted intention to kill someone and oblique malice, is not the prime purpose of the defendant. He has no intention to cause death but nevertheless, as a result of his actions, the victim died. Hence, if the jury has satisfied that at the time when the defendant recognised that fatal consequences would be virtually certain to result from his actions, then there is an intention to kill even thought there is no actual desire to achieve that result. In Woolin  [4]  , the defendant had thrown his baby causing him to die. Woolin did not intent to kill his baby, but he could foresight that his actions was about to cause the death of the baby. Moreover, another aspect of malice aforethought is implied malice. This indicates that, the defendants main intention is to cause GBH but as a result of his actions, the victim dies. In consonance with section 8  [5]  , the jury has to consider all the evidence, before adjudicated that the defendant is guilty of murder, and not only if he intended or foresaw a result of actions as a natural and probable consequence. In other words, the jury has to consider only the appellants subjective state of mind. According to this section, a jury has the opportunity to conclude about the mental state of the accused from the objective view of the reasonable man and if they decided that a reasonable man would intended to cause death or serious injury, then they will be persuaded that the defendant did. In Moloney  [6]  , the jury could argue that the defendant foresaw the consequences of his actions as a natural consequence, so he is liable for the death of the victim even if he did not wish or desire to kill him. On the other hand, if the accused did not have the intention to kill or to cause serious injury, as happened in Hancock and Shankland  [7]  , then the co nvictions of murder overturned to those of manslaughter. This is able to happen only if death was not a natural consequence but a probability. As it was stated in Nedrick  [8]  , the evidence of foresight is intention evidence. The judges directed the jury to consider if the death was intended, as natural consequence becomes virtual certainty, as I mentioned above. Apparently, as the mens rea in murder is intention to kill or to cause GBH, under the Homicide Act  [9]  there are three defences which decrease liability from murder to voluntary manslaughter. These defences are provocation, diminished responsibility and suicide pact. If the appellant is liable for murder, meaning that he has the appropriate elements of actus reus and mens rea, and he can rely on one of the above defences, then he is liable for manslaughter. Under section 3  [10]  , a person who charged with murder, was provoked by things said or done or both, to lose his self-control. Pursuant to this the jury has to indentify if the defendant actually provoked to act and whether a reasonable person would be provoked to act as the defendant did. Section 2  [11]  , illustrates the defence of diminished responsibility, where a person cannot convicted of murder if he suffers from an abnormality of mind, as this disorder invalidated his mental responsibility of what he is d oing. Additionally, section 4  [12]  demonstrates the defence of suicide pacts. The defendant kills the victim if there is a common agreement between two or more parties and the object of that agreement is death. This indicate that if a person convicted with murder, then if he has the appropriate proof that he was acting under a suicide pact then he would be liable for manslaughter. In some cases manslaughter can be caused due to negligent actions of the defendant, as he has a duty of care towards the victim. If he failed to perform his duty then he is in a breach of duty and that may cause the death of the victim. In Adomako  [13]  , the breach of that duty caused the death of the victim. I think that people who have duty of care towards others, must be able to recognise if there is a possibility for a death and try to avoid it. Pursuant to the Theft Act 1968, a person is guilty of theft if he dishonest appropriates property belonging to another with the intention of permanently depriving the other of it  [14]  . Conspicuously, there are two essential features of mens rea in theft, dishonesty and the intention of permanently depriving. Dishonesty is the first element of the mens rea in theft and as it construes in section 2(1) of the Theft Act a person cannot be dishonest if he has the presumption that he has the right in law to deprive the other of the property. Additionally, he cannot be dishonest if the embezzlement accomplished in the belief that the others would acquiesce if they have the knowledge of the stealing and if there is an authentic belief that the owner of the property would not be able to detect it by taking reasonable steps. On the contrary, as it reported to section 2(2)  [15]  , a person can be found liable for dishonest if he misappropriates the property of someone else, in spite of his desire to pay for the property. In consonance with Feely  [16]  , the plaintiff apprehended that his action was dishonest and he said that he has the intention to repay for the stealing. Under those circumstances, the jury has to make a determination whether the facts of dishonesty coexist with the standards of the ordinary decent person. As a result, the Court of Appeal, in the case of Ghosh  [17]  , conceived a test so that to be able to recognise if the appellants behaviour considers as dishonest according to the standards of ordinary decent people. If it was not then he is not dishonest. Howbeit, if his behaviour was acknowledged to be dishonest, then the defendant is not dishonest unless he comprehended that people would regard him as dishonest. Although the crucial ambition of that test was to authorize that dishonestys appraisement could be based on objective and subjective archetypes, it does not abolish the capability between the juries to be inconsistence. Indubitably, if the defendant did not find dishonest, then there is no theft. Intention to permanently deprive is the second element of mens rea in theft. In agreement with section 6(1)  [18]  , if a person borrows property which belongs to someone else, then he is not liable for theft. Nevertheless, if he decides to keep the borrowed property, then this situation would be considered as theft, as it stated in Walkington  [19]  , in which the defendant took the property with the intention to decide later whether to keep it or not. In Easom  [20]  , the defendant had a conditional intention to steal if he found something precious. Besides, this was not adequate to adjudge him of theft. In Lloyd  [21]  , the defendant has the intention to treat the property of the true owner as it his own and to deprive the owner of his rights to his property. As Lord Lane stated a mere borrowing is never enough to constitute the necessary guilty mind unless the intention is to return t he thing in such a changed state that it can truly be said that all its goodness or virtue has gone  [22]  . Supplementary, burglary is a serious offence which encompasses mens rea. Under section 9(1)(a)  [23]  , a person is guilty of burglary if he enters into a building or part of it as an invader, with intention to steal, commit GBH or cause criminal damage. Moreover, section 9(1)(b), specific the offences. Keep in line with section 9(1)(a), the defendant at the time of entering into a building must have the appropriate constituent of mens rea, to have the knowledge that his entry is not permitted. In Cunningham  [24]  , in order to recognise if a defendant considered himself as a trespasser, a subjective test has been taken. On the contrary, if a person enters into a building with permission, then the doctrine of trespass ab initio takes effect. As the entry has to be unlawful, this principle does not match the offence of burglary. In Collins  [25]  , the defendants conviction for burglary, with intent to rape, was revoke as the Court of Appeal cannot be sure that the defend ant has the appropriate knowledge that his entrance is unlawful and as it stated, the entry has to be substantial and effective. Accompanying, in ulterior offences, the mens rea has to be acknowledged either in trespass with intention or in trespass which is caused recklessness. However, as Laing  [26]  validates, trespass is one of the features of burglary. In that case the defendant entered into a shop, after closing time, but he had not stolen anything and also he had no intention to do so. As is obvious, trespass is an element of burglary but in order for someone to be charged with burglary, he must have the other essential elements of the offence such as intention. The only thing that is required in order to convict someone of stealing is intention. Besides, in some cases the conditional intention is seated. Before 1979 as is illustrated in Husseyn  [27]  , conditional intention was not adequate, as the defendant did not have the intention to steal unless he found something precious. Afterwards, in consonance with Attorney Genarals References  [28]  , conditional intent will be satisfied, as the only thing that required is intention even if there is nothing worth in the building to steal.

Nuclear Core :: Earth Science Essays

Nuclear Core The Earth’s core is a massive nuclear fission reactor. The core uses the process of nuclear fission to burn it’s fuel of uranium 235 into lighter elements, or fission byproducts. This core is also responsible for producing much of the geological phenomenon observed on the Earth. Phenomena such as geomagnetism and the periodic shutting down of the Earth’s magnetic field are examples of phenomena that are directly attributed to fission within the Earth. There is also substantial reason to believe that the center of the Earth is a massive nuclear reactor from the empirical data gathered from observations, testing, and logical evidence to support this idea. The traditional theory about the Earth’s core suggest that the core of the Earth is a solid nickel and iron sphere surrounded by a fluid metallic magma. The rotation of the Earth is believed to create massive columns of magma to swirl in the core. These columns are believed to produce the Earth’s magnetic field. This theory is based on the assumption that the Earth’s core is cooling and will eventually cool completely and cease to produce energy and a magnetic field. However, this theory does not answer many ongoing mysteries about the Earth, such as why the Earth’s magnetic field periodically shuts down, and questions about the energy production of the Earth. It was apparent that a new theory was needed to explain the mystery of the Earth’s core. The concept of nuclear fission within the earth started in the fifties. Geophysicists began to question whether natural occurring nuclear fission was possible. It seemed that it was a definite possibility and eventually, empirical evidence presented itself. In 1972 at the Oklo uranium mine in western Africa, a natural nuclear fission reactor was discovered deep within the earth. It was later determined that this reactor had been burning for almost two million years (Earth’s Core). The discovery provided an answer to the possibility of naturally occurring nuclear fission in the earth. The answer was yes. This led to more questions, however. What were the implications of such a process occurring naturally inside of the Earth? As time progressed, scientists learned more about naturally occurring reactors and new theories developed. Through observations of other planets, and observing the Earth in respect to the solar system, some bold new theories arose.

Cheating on College Examinations

Any form of cheating is a form of dishonesty. It is an act of accomplishing something in an unethical behavior. Cheating is used in any kinds of exams, especially college exams. Does it really happen? Sure it does. We argue that many college students cheat during examinations because of several reasons. They can be nervous that is why they cheat, it can also be a reason of time management wherein some college students also work while taking time to attend school classes or, maybe they are Just lazy enough to study ahead of examination date.There are a lot of reasons why cheating on college exams happens and along with it, there are numerous effects out of cheating. Whatever the reason behind cheating, still it is an act of dishonesty and unethical conduct; besides the reality that cheating on college exams is also cheating yourself. Cheating on College Exams One of the most common reasons why student cheats on college exams is that he just forgot to study, so it is more likely that h e will cheat, but as an effect, there is a high possibility that his teacher might catch him while doing it or even worse, fail the xam after cheating because of different set of examinations.Another common reason for cheating is to complete the course as shortly as doable. In todays world, once you look into the word cheating you'll be able to realize several definitions and meanings for it. Everyone contains a completely different definition for the word cheating. Students will always find the way to cheat with the use of reference materials or by obtaining the solutions ahead of time to be ready for a closed book test. Some students pay others to complete their schoolwork. Cheating could be a concern for all colleges and teachers.Students forever find the way to avoid the results of cheating, notwithstanding how rigorously colleges work to stop it. For some students, cheating is an easy way to get better grades. Although several students assume that their individual dishonesty wo n't have an effect on anyone else, negative outcomes would still have impacts towards their personal knowledge. One impact of student cheating is that they are not learning accordingly. Some students get into the cheating habits, they do not study and in the long run, this habit affects their career development.Once the student decides to cheat, he could or might not understand he material. What a student fails to understand is that the material that the course is covering could be a necessity to use in daily life. Whatever the student doesn't learn within the course as a result of cheating can have an effect on them to get an employment with a decent pay, as a result of the fact that the student never learned the course material. Once a student takes an exam, its results are supposed to show the amount of information learned that the student has on the material that his course offers.In fact, there would be no employer who will keep someone that has no he numerous negative outcomes that cheating provides aside from not being true and honest to their self, which surely will have negative effect on students. Cheating on college exams has an effect on students one time or another throughout their school life. As mentioned, no good comes from college exam cheating because in doing this, you are cheating yourself. Once caught during college exams, a consequence comes in.As a result, a student may receive the maximum punishment their teacher can give, especially those who are hard on their students. On the other hand, there are teachers who are quite lenient with their students. Minimal unishment such as warning may be given to the student as an effect of cheating. However, cheating on college exam is commonly occurring if the student lacks effort with their studies. Students may not be able to attend his class due to some reasons, leading them to cheat during examination.Whatever the reasons for absence are, the point is they are not likely to pass through their o wn knowledge besides the fact that it will be more complex for them to cope with the upcoming lectures. That reality, which shows students who want to pass on the subjects that they find difficult for them, is also another cause why they cheat on college exam. There are times that a student, no matter how hard he studies, still finds it hard to cope with lectures in a specific subject causing him to cheat during exams.A student may also be forced to cheat if there is a parental expectation regarding his grades. Another common reason why they cheat on college exam is because of the other students who also cheat, especially when they found out that the head of the class also cheats making them realize that cheating will give them better grades. If this is the case an effect would be more and more students will be attempted to cheat during exams rovided that the first one who committed it was not caught.Conclusion Cheating on college exams is one of the most common behaviors that some students do. A cheater may find it helpful as it may lessen his or her effort to pass the exam, hence getting higher grade is possible without an effort if they cheat. Yes, it can help a student, but it will Just be a temporary help because cheating on exams will never help them learn, which is opposed to their primary purpose of attending college course. Additionally, cheating without learning is like admitting your weakness and letting the learning opportunity pass through your hands.

The Effects Of Media Violence On Violent Entertainment

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This is an important finding as it not only distinguishes between those who enjoy violent entertainment and those who do not but also draws attention to the different reasons why different people enjoy violent entertainment. The identification of trait aggression and anti-social tendencies as predictors for enjoyment of violent entertainment is especially important. Given the widely accepted positive correlation between exposure to violent entertainment and aggressive or violent behaviour the current finding should encourage further research into practical and clinical recommendations to mediate the attractiveness of media violence to people alreadyShow MoreRelatedThe Effects Of Media Violence On Behavioral Violence916 Words   |  4 PagesThe Effects of Media Violence on Behavioral Violence in Young Adults in America The influence of mass media has progressively increased in American society, but can the media have effects beyond mere entertainment and impartial information? 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