I am hesitant to venture into a comment on the law per se because I am not a lawyer. However the recent case of the teenagers who were jailed for inciting disorder through Facebook even though nobody turned up for the proposed riot set up a question in my mind as to the effect of intent in the criminal law. To quote from Wikipedia, “ Mens rea is Latin for "guilty mind".[1] In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal...Read Full Story
Justice John Scurfield ruled Thursday that a man accused of beheading and cannibalizing a Greyhound bus passenger is not criminally responsible (”NCR”) due to mental illness.
Vince Li’s trial lasted only two days and heard from two expert witnesses, both psychiatrists, who testified he is mentally ill.
Both the prosecution and the defence argued that Li cannot be held criminally responsible because he was suffering from schizophrenia and believed God wanted him to kill the victim because...Read Full Story
Grievous bodily harm and wounding are covered in sections 18 and 20 of the Offences Against the Person Act 1861. Sections 18 and 20 carry different maximum sentences, with section 18 being the considerably more serious of the two. Although there are many common aspects between the two offences, the biggest difference is the Mens Rea which refers to whether or not intention was present.
Section 20 Assault
Section 20 carries the lowest maximum sentence of the two Grievous Bodily Harm (GBH...Read Full Story
Assault charges can be difficult for the layman to fully understand as many different abusive offences are covered in the Offences against the Person Act 1861. The different factors of each assault charge can bewilder the accused and they may not fully realise exactly what they are being charged with, criminal defence solicitors can also help provide legal advice.
Section 47 Assault of the Offences against the Person Act is Actual Bodily Harm (ABH). Actual Bodily Harm (ABH) Section 47...Read Full Story
Two laws that are the same are criminal law and penal law. Punishment under these laws is often harsh. Penalties differ between jurisdictions and offenses. General penalties include: probation, parole, fines, execution or imprisonment. The first society to write their criminal codes was the Sumarians. Criminal and civil laws were not divided at the time. Criminal laws have strict punishments when the laws are not followed. A person can be imprisoned, even at home. The term of imprisonment in...Read Full Story
The story is that of a homicide in Riverview Park in Pittsburgh, PA. It entails a mystery if the main heroine is the killer or is there something else going on there.Contributor: Nicole MullenPublished: Jan 30, 2012
I think The Economist has got the concept of mens rea wrong: [F]ederal law has been moving away from mens rea (“guilty mind”), a common-law tradition that suggests that a person who had no idea he was breaking a law should not be accused of doing so.I'm no criminal law expert, but I'm pretty sure this is not the correct definition of mens rea. Mens rea doesn't ask if you knew you were breaking a law. It merely asks if you knew you were...
The mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act does not make a person guilty unless the mind is also guilty".
This entry contains information applicable to United States law only. Related Topics criminal law ... Mens Rea. As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a
Daily Herald - ... or knowingly inflicting extreme physical pain or serious bodily injury with extreme cruelty or depravity. Hunting does not fall into this catagory. Intentionaly wounding an animal
The mens rea is the Latin term for guilty mind used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit
In criminal law, strict liability is liability where mens rea (Latin for guilty mind ) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act ..