The court of appeal decided that: ³In any statutory definition of a crime, malice must be taken not in the old vague sense of wickedness in general but as requiring either (1) An actual intention to do the particular kind of harm that in fact was done; or (2) recklessness as to whether such harm should occur or not (i.e., the accused has foreseen that the particular kind of harm might be done and yet has gone on to take the risk of it).² This thus means, that the courts decided that when the word maliciously' is used in a statute, it was necessary to establish that the defendant either intended to do the harm in question or he had been reckless as to whether this harm would occur. Crucially, in Cunningham, the court laid down a subjective test to decide whether the defendant had been reckless or not. Thus on this test, Cunningham could only be convicted if he knew of the risk from the gas but, nevertheless, went on to take it. It was not enough to prove that he ought to have foreseen such a risk, as the test is subjective. Thus, it can be seen that R v Cunningham was one of the most important cases in establishing recklessness as an area of law.
* Lines 38-41: The speaker takes all of Porphyria's hair, wraps it three times around her neck, and strangles her. If Porphyria's hair is somehow symbolic of her "fall" from sexual purity, does that mean that her "fall," or her sin, somehow kills her? Maybe, but there are lots of other possible interpretations, as well. Browning's a hard guy to pin down. The Storm -The speaker of "Porphyria's Lover" opens by describing the storm outside.
Explain the difference between direct intent, oblique intent and subjective recklessness in English Criminal Law. Illustrate your explanation with cases. “Throughout the web of the English criminal law one golden thread is always to be seen-that it is the duty of the prosecution to prove a prisoner’s guilt” (Lord Sankey LC, in Woolmington v DPP).To establish guilt, the two elements of every crime is considered. The conduct or act element (actus reus) and the mental element or state of mind (mens rea). For successful conviction by prosecution, it is not sufficient to be found guilty for an act alone.
Unit 24 - Assignment 1 Introduction For this assignment I will be describing the elements of a crime which are Mens Rea and Actus Reus. Mens Rea is Latin for 'guilty mind' and it is the mental thinking behind the crime which has been committed, it refers to the intentions of the person who committed the crime. For example, when someone commits theft their intention is to permanently deprive the owner/s of the object. Actus Reus is Latin for 'guilty act' and it can either be an act or a failure to act. For example, when someone commits theft they must've physically taken something.
Feldman (2009), eye witness and victims are sometimes better able to recall the details of a crime when hypnotized. Eye witness testimony can make a deep impression on a jurrry, which is often exclusively assigned the role of sorting our credibility issues and making judgments about the truth of witness statements. Fisher(1999), argues that arriving at a just result and a correct determination of truth is difficult enough without added possibility that witness themselves give. Tversky (1999), also pointed out that witnesses are a powerful impact on juries. Basing on the above elucidation, one may deduce that eye witness testimony plays a fundamental role in the legal system.
1)A summary of the Andrea Yates case, including the facts of the case, the trail, and retrial To commit such a heinous crime against your own flesh and blood can only be describe as pure evil. What was Andrea Yates thinking as she drowned her 5 children, 4 sons and 1 daughter; Noah 7, John 5, Paul 3, Luke 2 and Mary 6 months old in an upstairs bathtub? What really happened in Houston on the morning of June 20, 2001? Upon receiving this assignment my first and immediate reaction was that of a harsh, critical and judgmental mother. I found myself infuriated and judging this woman I had never met, blaming her for her actions.
This quotes shows how much negative impacts Mayella’s actions had on Tom. The second mistake she made was lying in court. When Mayella publicly accused Tom of rape, she gave him zero chance of ever winning the case. Even when Atticus made it extremely obvious that she was lying, she still held onto her lie. She even said to the jury: “that nigger yonder took advantage of me an’ if you fine fancy gentlemen don’t wanta do nothin’ about it then you’re all yellow stinkin’ cowards, stinkin’ cowards, the lot of
Romped is the meaning for fun and playfulness (line 5). “Slid from the kitchen shelf” is saying that the pans were falling from the shelves because they were being too rough (line 6). The line “My mother’s countenance” is stating how the mother wasn’t happy about their dancing. Countenance is another meaning for tolerance. The mother could put up with the dancing to a certain point but it also made her mad (line 7).
The criminal investigation process is a complex aspect of the legal system that aims to gather evidence lawfully, justly and in the accordance with the rights of the victims, accused and society.The criminal investigation process encapsulates the powers of police to detain suspects, gather evidence, interrogate and to search and seize property, through the appropriate use of warrants and other legal means. The criminal investigation process also entails the rights of suspects, such as to bail and remand and the right to counsel during interrogation. Police investigate most alleged crimes, but it is left to their discretion as to whether or not the alleged criminal activity warrants investigation. This may come down to the resources that the police have at
Clara, pleading with her to give them a child. She wore a tattered red skirt which she kicked in full abandon revealing her shapely legs. Her breasts throbbed against her tight and scanty blouse. The dancing women were scandalized so they encircled her to hide her from the men folk. But she escaped and the dancing women pinned her down, scattering her crown of flowers, leaving her in tears as she crawled on the ground.