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Criminal Liability Essay

  • Submitted by: orianashamrock
  • on May 19, 2013
  • Category: Social Issues
  • Length: 826 words

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Below is an essay on "Criminal Liability" from Anti Essays, your source for research papers, essays, and term paper examples.

Criminal Liability
Law is concerned with regulating human behaviour and is therefore the process of creating regulations to organise society and relationships within.
In the Maltese Jurisdiction we find the court of magistrates ( first instance, minor offence), the Criminal Court (first instance, major offence) and the Juvenile court ( Hears cases of minors under 18 which is composed of a magistrate and two other people not necessary lawyers but the important thing is that they have a good background with young people in order for their advice to be vital).
It is important to note that, criminal law is regulated by criminal code (chp 9, laws of Malta) the code identifies a number of offences under Maltese law.
For a crime to be committed a law has to be breached and the person accused must normally have intended to commit the act or have committed the act recklessly. The person accused must be at the age of criminal responsibility and know what he or she did wrong. For example children aged under 9, they can never be found criminally responsible as the law assumes that they have no possibility to will and understand and form an evil intent, what we call ( doli-insapax).
Though parents may still be liable to negligence and damage civilly.
Defence plea of Intoxication for example Rex vs. Cunningham, the court agreed he was intoxicated by others but did not accept that the intoxication over-rid his capability to will and understand.
The criminal liability is the legal responsibility that arises out of violating/breaching a law or committing a criminal act. The two basic assumptions in criminal liability are;
“Actus Reus” – the evil act; the criminal act itself, e.g. shooting a person with a gun and
“Mens Rea” – the evil mind; refers to the intent of the person to perform a criminal offence. In it includes the willingness and understanding to perform the act.
Liability in our legal order is complete and there is no semi- liability.
A Crime may be caused intentionally...

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