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  • Essay / Case Study on the Mens Rea of ​​Murder - 1701

    Critically evaluate the mens rea of ​​murder. This course aims to critically assess the mens rea of ​​murder, focusing on each of the impacts related and combined with murder or causing grievous bodily harm. harm a person. The main issues I will focus on are murderous intent, recklessness, negligence, and strict liability. Mens rea (MR) is the Latin expression meaning “guilty mind”. Mens Rea is the legal term used to describe the element of a criminal offense related to the mental state of the accused. MR falls under many different crimes and involves different forms of tortious intent, such as intent, recklessness, negligence or knowledge. The common law standard test for criminal liability is often expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "an act does not make a person legally responsible unless his mind is legally blameworthy.” However, in due process jurisdictions, there must be an actus reus, or "guilty act," accompanied by a certain level of mens rea to constitute the crime with which the defendant is charged. As a general rule, criminal liability is not incurred against someone who simply acted without mental fault. The exception is strict liability offenses. The MR of murder is causing death or grievous bodily harm (GBH). Glanville Williams says that mens rea refers to "the mental element necessary for a particular crime, and that mental element may be either the intention to commit the immediate act or to provoke the act." consequence or (in certain crimes) recklessness as to such an act or consequence. In different and more precise language, MR means intention or recklessness as to the elements constituting the Actus Reus. » There are many different elements to the mens rea, firstly I ...... middle of paper ...... In relation to this course, the mens rea of ​​murder has many different elements, including the The element of intention which includes direct and indirect intention. Clearly, whether Nedrick or Woolin will provide a definition or proof of intent is undecided. Regarding recklessness, we understand that recklessness is not always an issue that falls under the mens rea of ​​murder. Carelessness is either subjective according to Cunningham [1957] or objective according to Caldwell. Finally, I considered negligence and strict liability as they relate to the mens rea of ​​murder. Mens rea negligence falls below the standard that can be expected of a reasonable man. Strict liability does not require that Mens Rea be proven with respect to one or more elements of the Actus Reus. Finally, conclude that the criminal intent of murder is to kill or provoke GBH, with the implication of each of the above elements to be included..