Criminal liability

Posted on September 26, 2012 by James Toliver, One of Thousands of Entrepreneurship Coaches on Noomii.

Criminal Liability

ACTUS REUSTUS ( is the act)

Mens rea (CARRING OUT THE ACT)
For the defendant to be found guilty, it must be indicated on proven that this person committed the crime.
The commission of this criminal act was known by the perpetrator that he or she committed the crime. The intent to understand the ratification of this offense

ARE you familiar with legal defense to criminal liability. Want to talk and tell you about some of the factors outlined in relation to the subject matter. When a defendant is charged with a crime quite naturally try to use justification for their defense, some of these justification can be. O, it was an accident or mistake. An example, for sake of argument let’s say you are driving at a safe speed, this could be a defense of a mistake; however it if it was proven that she would drive into fast the condition, there is a possibility you would be charged.
IGNORANCE, I know you were told ignorance on the law is no excuse. A simple examination of this defense, for sake of argument. Someone give you a package to mail, inside the package containing illegal drugs. If this is done without your knowledge by law you are not criminal liable.
DURESS, as an example, let’s say a Vietnam veteran came upon an incident that reminded him of the war, and he reacted negative causing harm. Cases like this the sitting judge using refer the findings to a jury.
SELF DEFENSE; is self-explanatory, in a jury trial, the jury will determine the defense behind a presentation before by the defense attorney. The truth to this defense, would be, what would a prudent person do under similar circumstances. In 1984 a subway rider in New York, was accosted by four male blacks; demanded money without a weapon being seen. The defendant’s was charged with the attempt murder and assault, his testimony, was that he feared for his life. The defendant shot four the male blacks, none died, however, one was paralyzed. The black neighborhood view this crime as, vigilante justice. The jury found him not guilty of attempt murder or assault, however he was found guilty of a weapon violation.
ENTRAPMENT. This defense is usually associated with a law enforcement officer that encourage a subject to commit a crime in violation of the law. Deposit defense for this violation is a repeated denial to act, it is strongly enhance with witnesses who view the incident, and testify in court, on your behalf.
INSANITY, court appointed psychiatrists will help the judge and jury to allow or not the use of this defense. An example of insanity plea not being accepted. When Ronald Reagan, then our president in 1981 was shot by John Hinckley Junior. His insanity plea, he wanted to be noticed and gain the attention of Jodie Foster. He was not allowed to use this defense, and was found guilty. Another example where did insanity plea was use in June 2001, a mother 37 years of age, drown her five children in a bathtub. She has said that Satan told her to kill the children, so they would be saved. The two psychiatrist that examiner her reported to the court, she was the most sickest patients they had ever examine. Because of her severe mental condition she is found guilty of first-degree murder, and sentenced to life in prison, spared her from the death sentence.
This information is free for all on the Internet. This information I obtain while attending college, and the criminal justice coach, I want to inform, on an every bit of information I can gather about the criminal justice system. Hopefully in a small way, our society can enhanced itself by knowledge. Let me know what you think or any subject matter of interest to you. Thank you.