The tortfeasor’s act was the proximate cause of injuries or damages. Damages were incurred. (Textbook p.150) ANALYSIS The fact remain that there was an accident, an injury occurred from the accident and negligence was evident. Officer Ruthless was negligent but was justified in the decision. He had to uphold the curfew law.
The actus reus is that the victim must suffer actual bodily harm as a result of the battery. In this case Ken has broken his nose as the result of Toby’s punches. The mens rea is intentionally or recklessly inflicting unlawful force on the victim. Even if Toby did not intend actual bodily harm or foresaw a risk that his act might cause actual bodily harm, it would still satisfy the mens rea as S47 is a constructive offence. In this case Toby has been reckless and it seems that he also intended to cause the harm because he was angry.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
Fault is an essential element of criminal liability. It is a concept in criminal and civil law whereby the defendant is held responsible for doing something wrong. This can be through an act or omission and can be proven through the rules of causation. The implication of being found at fault is a criminal record whose consequences on the defendant personal life are serious. However, there are some types of behaviours such as Strict Liability offences which do not require fault but the defendant is still prosecuted.
Effective Risk Management Law/531 December 5, 2011 Effective Risk Management A tort is defined as a civil wrong between people and/or entities (Cheeseman 2010). There are two types of torts. The two are intentional and unintentional torts. An intentional tort is when there is intent to cause harm on another. An unintentional tort is when a person is liable for harm that is the foreseeable consequence of his or her actions due to negligence (Cheeseman 2010).
Perhaps he did care for her more and he would admit. The revenge of Chillingworth sends a mixed message; although he was cruel in his own way, the situation could have been worse if they were tried and killed or even left to the justice of the town. So which is
ROLE OF THE TRIAL JUDGE Is the Case an Appropriate One for Punitive Damages? It is the responsibility of the trial judge, in the first instance, to determine whether the case is appropriate for punitive damages, i.e. whether the question of punitive damages will be submitted to the jury.' The main focus of that determination is the nature of the defendant's conduct. The trial judge looks for evidence that the defendant acted intentionally, outrageously, recklessly or with conscious disregard for the rights of others.
NATURE OF A TORT The nature of a tort can best be understood by making a distinction between a tort and a crime. The main object of criminal proceedings is punishment, this means that if a person commits a crime they will be punished through imprisonment. Usually a crime is an offence against the general public or the state. Whereas the main object of proceedings in tort is not punishment but compensation to the plaintiff. A tort is committed against an individual or legal entity or company.
An accomplice should be given a sentence but the mastermind who lead the crime should be punished more and should in turn suffer more for the crime they committed. It is important that the guilty person is aware of them being worse off that before in order for the punishment to be effective. This is called experimental harm. Everybody has different triggers and how they do things. And thus the crime due to provocation is not always justified.