... The Basic Elements of a Crime Citizens and residents of the United States must follow the laws put into place by our justice system. If citizens do not uphold the law the United States’ criminal justice system will intervene to punish individual/s for the wrongful offenses that were intentionally performed. In this paper I will give a brief overview of criminal law, the distinction between mens rea and actus reus, the concurrence of mens rea and actus reus finishing with “The Simmons Criminal Matter” case file. Criminal Law Criminal law consists of prosecution by the federal or state government, through a prosecutor initiating a suit, upon an individual or individuals for a wrongful offense that was deemed as a crime and was intentionally performed. The individual or individuals charged with the commission of a crime may be incarcerated, fined or both. “A crime is a social wrong or social evil punishable under the law also known as a criminal statute.” (Hames and Ekern, 2010) Most crimes in the United States are established by local, state and federal governments. Crimes include common law, felonies which are more serious offenses and misdemeanors the less serious offenses. No offense can me deemed as a crime if it has not been previously established as such either by statute set in place by the government or common law. All statues defining criminal intent can be broken down into three basic elements: mens rea also known as guilty state of mind, actus reus also known as...
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...1. Actus reus is the Latin term used to describe a criminal act. Every crime must be considered in two parts-the physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). Преступление — это общественно опасное, противоправное, виновное деяние дееспособного лица, за которое предусмотрено уголовное наказание. Crime - is socially dangerous , illegal , guilty act capable person, which provides criminal penalties. Crimes are defined by criminal law, which refers to a body of federal and state rules that prohibit behavior the government deems harmful to society. If one engages in such behavior, they may be guilty of a crime and prosecuted in criminal court. In today’s society, criminal behavior and criminal trials are highly publicized in the media and commonly the storyline in hit television shows and movies. As a result, people may consider themselves well-informed on the different types of crimes. However, the law can be quite complicated. There are many different types of crimes but, generally, crimes can be divided into four major categories,personal crimes, property crimes, inchoate crimes, and Statutory Crimes: * Personal Crimes – “Offenses against the Person”: These are crimes that result in physical or mental harm to another person. Personal crimes include: * Assault * Battery * False Imprisonment * Kidnapping * Homicide – crimes such as first and second degree, murder, and involuntary...
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...Criminal Liability of Corporation: An Indian Perspective Manjeet Kumar Sahu* Abstract Current Supreme Court’s decision have made the stand apparently clear in India that the Corporation can be prosecuted as a separate legal entity even in the offences where the punishment is imprisonment. This Paper explains the present status of India on Corporate Criminal Liability and how judicial decision is inconsistent with the legal provisions. It further provides the current situation about the corporate criminal liability in the International scenario. The apex court’s decision under various matters reflects the gravity of the concerned problem i.e being faced by the aggrieved parties. The Concept of “No soul to kick” has become obsolete and applicability of lifting the corporate veil has unveiled the sheath. The current research on this subject have been included and it is substantiated with the effect of recent Supreme Court’s judgement and also focused on the dilemmatic situation of the Court’s decision. Keywords: Corporation, Criminal Liability, Judicial Decision, Legal provision, International Scenario, Dilemmatic Situation. Introduction A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings. ---------Glanville Williams The...
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...A CASE ANALYSIS ON CORPORATE CRIMINAL LIABILITY Abbreviations RNRL- Relinace natural resources IPC- Indian Penal Code UOI- Union of India All ER - All England Law Reports (United Kingdom) CriLJ – Criminal Law Journal Table of cases 1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass [1971] All ER 127 2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292. A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448 3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732 4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722 5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43 6. MV Javali v. MahajanBorewell& Co and Ors.,AIR 1997 SC 3964 7. The Assistant Commissioner, Assessment-II, Bangalore &Ors. Vs. Velliappa Textiles, (2004) 1 Comp. L.J. 8. Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 9. Iridium India Telecom Ltd. v. Motorola Incorporated and Ors ,AIR 2011 SC 20 10. CBI v. M/s Blue-Sky Tie-up Ltd and Ors ,Crl. Appeal No(s). 950 of 2004 11. Kartick Chandra v.Harsha M. Dasi, AIR 1943 Calcutta 35 at 354; Contents Introduction 6 Corporate Criminal Liability under the Companies Act 1956 &2013 6 Doctrine of identification theory 9 Position prior to the Standard Chartered Bank Case Law 11 Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 12 Post Standard Chartered Bank case law: 13 Conclusion...
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...II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently Dangerous Felony b. Merger Doctrine c. In furtherance of Felony IV. Rape A. Mens Rea and role of mistake 1. B. Actus Reus 1. Subjective 2. FRR 3. No Means No 4. Affirmatively Expressed Consent V. Inchoate A. Attempt 1. CL a. Mens Rea i. Intent to commit attempt...
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...are definitions established within Criminal Culpability, mainly intent, there continues to be discussion over the intended meanings. Specific intent, general intent, transferred intent and strict liability are frequently referenced in the determination of criminal offenses but continue to provide a level of confusion to the law professionals. The intent determines the mindset of the person accused of the crime and provides guidance to the process in which they are punished. These intents are part of the mens rea for the crimes committed and differ from the Model Penal Code. The Model Penal Code has served to simplify the definitions used in the previously mentioned intents. INTENT AND THE CODE 3 There are many differences in the interpretations of Common Law intents and liability. These intents are identified as: specific, general, transferred and strict liability which governs decisions of lawmakers and judges. The complexity in understanding the defined intents and applying them uniformly creates a feeling of disproportionate accountability from members of the public. The Model Penal Code (MPC) changes these intents in common law to four mental states: purposely, knowingly, recklessly and negligently. The “MPC expressly rejects the general notion of strict criminal liability.” (Garland, 2012) There seems to be a need for both levels of the law to coincide and provide the tools necessary for our criminal law system to protect society. ...
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...Unit 9 final project CJ 230-02 Criminal Law for Criminal Justice Prof. Sara Block July 15, 2013 First degree murder is a crime against a person. The actus rea is the “guilty act” of the murder, or killing itself. For first degree murder, you need to establish the mens rea, or “guilty mind”, which would be determine if the murder was premeditated or not. The mens rea, the act of a guilty mind. First degree murder is a premeditated crime. That init self is indicative of the mens rea of the perpetrator. The elements of mens rea are the act was done: purposely, knowingly, recklessly, and negligently. Elements of murder in Texas do not have to be pre-meditated to be first degree. You can be charged with murder 1. If you intentional or knowingly caused the death of someone it is first degree. 2. If you intended to cause serious bodily injury and commit an act that is dangerous to human life that causes death. 3. If you commit or attempt to commit a felony, and in the...
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...Week 2 Knowledge Check Study Guide Concepts Intentional business related torts Negligence torts Strict liability torts White collar crimes 100% 100% 67% 100% Mastery Questions 1 2 3 Score: 11 / 12 4 5 6 7 8 9 10 11 12 Concept: Intentional business related torts Mastery 100% Questions 1 2 3 1. Identify the true statement about a claim of defamation. A. A statement must have the ability to hurt the reputation of an individual in order to qualify as defamatory. B. A statement does not have to be heard by a third party in order to qualify as defamatory. C. An unkind statement made against a profession as a whole is also considered defamatory. D. A statement should be based on pure opinion to qualify as defamatory. Correct: The Correct Answer is: A. In a defamation case, the plaintiff must prove that the defamatory statement was heard or seen by a third party and that the statement had the ability to hurt the reputation of the plaintiff. 2. Who among the following is given absolute privilege or immunity against defamation? A. Journalists while covering the news B. Employers while recruiting new employees C. Business owners during press conferences D. Congress members during congressional debates Correct: The Correct Answer is: D. The members of Congress have absolute privilege against defamation for statements made during congressional debates. This immunity was given through the “speech and debate clause.” 3. ...
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...Sentencing. Sentencing May 20th , 2012 Sentencing is a major issue in our criminal justice system today. Here in the U.S, our courts have always struggled to maintain goals and balance our policies when it comes to criminal sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate"...
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... Respondent. | G.R. No. 183824 Present: CORONA,C.J., Chairperson, LEONARDO-DE CASTRO,*DEL CASTILLO, andABAD,**PEREZ, JJ. Promulgated: December 8, 2010 | | | x-----------------------------------------------------------------------------------------x D E C I S I O N PEREZ, J.: Before us is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to nullify and set aside the issuances of the Court of Appeals in CA-G.R. SP No. 102834, to wit: (a) the Resolution[1] dated 29 April 2008 dismissing the petition for certiorari under Rule 65, which assailed the trial court’s Orders[2] dated 20 September 2007 and 6 December 2007 in Criminal Case No. 07-0907-CFM for Bigamy; and (b) the Resolution[3] dated 18 July 2008 denying the motion for reconsideration of the first resolution. The trial court quashed the Information on the ground that the elements of Bigamy were rendered incomplete after herein respondent presented documents to prove a fact, which the court believed would negate the allegation in the Information that there was a first valid marriage. The evidence presented showed that respondent later obtained a judicial declaration of nullity of the first union following the celebration of a subsequent marriage. The Antecedents On 12 March 2007, herein petitioner Myrna P. Antone executed an Affidavit-Complaint[4] for Bigamy against Leo R. Beronilla before...
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...History of Juvenile Justice System Roger King University of Mount Olive Juvenile Justice Systems and Processes CJC 310 Timothy Malfitano February 7, 2015 Abstract This paper will discuss the history of the juvenile justice system. I started this paper by looking at the history of the juvenile justice system, which showed how laws and legal measures involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into...
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...Professional Regulation and Criminal Liability July 16, 2015 HCS/430 Professional Regulation and Criminal Liability: Pharmacists A profession is “an occupation based on the mastery of a complex body of knowledge and skills. It is a vocation in which the practice of an art is used in the services of others” (Schmitz & Martin, 2008, p. 1). Belonging to a certain profession requires one to agree to demonstrate integrity, selflessness, competency as well as morality. This becomes the foundation on which the medical profession gets autonomy of practice from the society and a chance to experience self-regulation. Pharmacy is one of the medical professions whose practitioners help people to utilize medications to the best. It is notable that since professionals own specialized knowledge which the client does not have, the possibility of the professional exploiting the client exists. It is however important to note that such exploitation leads to very severe consequences since it has violated the guiding regulations for pharmacists. While executing the duties of a pharmacist, it is possible to make mistakes that have serious consequences. There are a number of ways in which professional misconduct among pharmacists can be handled. The Board of Pharmacy may take action against the pharmacists where a hearing is made before any disciplinary action is taken. The violation of regulations may also be presented before a civil court or before a criminal court. In case of a compliant...
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...Chapter 1 1. Regardless of how such rules are created, they all have one feature in common: they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group. 2. Primary sources of the Law include: The U.s. Constitution of the various states. Statues, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration. Case law (court decisions) 3. Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Precedent: a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. 5. State decisis( two aspects: Decisions made by a higher court are binding on lower courts A court should not overturn its own precedents unless there is a strong reason to do so *Precendents may be dropped because of social or technological changes. *Brown vs. Board of Education: white and blacks did not have equal education opportunities. Separate educational facilities- conclusion 10. preemption: Congress chooses to act exclusively in a concurrent area. 11. federal forms of government: national government and states share sovereign power. *Police powers-fire and building codes, antidiscrimination laws, parking regulations...
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...profession, may it be in law, medicine, engineering, business, mass media and so on, compliance with the principles of professional conduct is needed. At wherever workplace, may it be in the court, hospital, construction site, bank, and so on, observance of the rules is required. Every professional men and women has to abide by certain rules and regulations. Practitioners of mass communication is no exception. The individuals working under this profession have to observe and follow the law and ethics of mass communication. These are not just standards of what is right and wrong nor based only on morality, as what most people think so. There is more to ethics than their misconceptions. These standards of conduct are highly essential and therefore strict adherence is recommended. These ethics drive the practitioners to instill self-discipline, professional attitude and sense of responsibility among 1 themselves as they are guided on how to deal with day-to-day situations involving ethical dilemmas. Here in the Philippines, there have been a lot of reported cases of libel suits. No matter how hard practitioners of mass communication try to keep up with moral responsibilities, others could not fight the urge to defy the odds. There are instances wherein some reporters and journalists abuse the privilege given to them through irresponsible reporting and writing. Thus, under Act No. 3815 or the Revised Penal Code, the offenders shall be subject to...
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...Jessica Yarington Critical Analysis: Bribery and its Effect on Business Practices BMAL 560-D06 Dr. Henry Critical Analysis Critical Analysis Topic: Bribery and it’s Effect on Business Practices PRINCIPLE: * Bribery refers to “the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty” (Bribery, 2015). * Economist say that bribery negatively impacts economic growth because it encourages rent seeking behavior (Bribery, 2015). * Rent seeking behavior refers to an “individual’s or corporation’s attempt to illicitly influence the open market in order to provide that individual or corporation with a disproportionate amount of wealth” (Bribery, 2015). * The United Nations reported that corruption costs governments about $1.6 trillion dollars every year. * Economists estimated, based on a poll done in 86 countries, that 1 in every 4 businesspersons worldwide, paid a bribe in the past year (Lawrence & Weber, 2014). * Legislation has been established in an attempt to combat bribery. * The US Foreign Corrupt Practices Act (FCPA) is considered to have the widest jurisdictional reach, being aggressively enforced, both nationally and worldwide (Ernst & Young, 2013). PRACTICE: * Bribery is found in almost all sectors of the global market (Lawrence & Weber, 2014). * An analysis of Transparency International’s Corruption...
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