Exam (elaborations)
Llb1 Criminal Law With Complete Solutions Latest Update
Llb1 Criminal Law With Complete Solutions Latest Update
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Llb1 Criminal Law With Complete SolutionsLatest Update
Crown Prosecution Service (CPS) - correct answers The organisation in charge of
bringing criminal cases to court
magistrates' court - correct answers a court that deals with crimes that are not
serious
Crown Court - correct answers a law court in England or Wales where criminal
cases are judged by a judge and jury
actus reus - correct answers The prohibited act, omission, consequence or state of
affairs.
The external element of the offence, or its external manifestation - the accused's
conduct causing specified circumstances which amount to the offence. Includes all
the elements in the definition of the crime except the accused's state of mind.
mens rea - correct answers the mental attitude required by law; the state of mind
(fault element) in respect to the actus reus, such as intent or recklessness as to
whether the actus reus occurs.
George P. Fletcher's view of the reasons for holding someone responsible for their
actions - correct answers Absent valid claims of excuse, we are accountable for
what we do. The criminal law should express the way we live.
, Tony Honoré's view of responsibility - correct answers We tend to assume
something determines people's decisions. It is rational to treat people as the
authors of their own actions
N. Lacey - correct answers Actions for which we hold a person fully responsible are
those in which her usual character is centrally expressed. The finding of a mental
element such as intention or recklessness on the character model provides an
important piece of evidence from which the existence of character responsibility
may be inferred, given that single acts do not always indicate settled dispositions'?
Why the criminal law tend to be suspicious of character defences? - correct
answers The law would be concerned if someone were to escape punishment
when they had inflicted a serious harm when they were able to show that they
acted 'out of character'.
J.F. Stephens: - correct answers Mens rea varies according to the crime. You can
only understand the mens rea of a crime by a detailed examination of the
requirements of that crime
Sentencing Advisory Panel has said appropriately indicate degrees of criminal
culpability. - correct answers Intention, recklessness, knowledge, and negligence
criminal liability (Kyd) - correct answers there must be actus reus and mens rea
and the absence of a justification (defence) plus criminal capacity.
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