Mens Rea in Manslaughter

1962 ◽  
Vol 20 (2) ◽  
pp. 200-212
Author(s):  
C. C. Turpin
Keyword(s):  
Criminal Law ◽  
Student Teacher ◽  
General Principle ◽  
Good Reason ◽  
Mens Rea ◽  
Actus Reus ◽  
The Subject ◽  
Mental Element ◽  
English Law

That the much agitated question of mens rea in manslaughter should again be essayed may require some justification. Such is readily found in the deplorable circumstance that this major crime remains obscure and controversial in its most important aspect. Decisions may be found to support any of a variety of views about the presence, absence or nature of the mental element in manslaughter; textbooks on criminal law differ widely on the question; and student, teacher, practitioner, and doubtless also sometimes judge, are left in bewilderment by the abundance and variety of dicta, argument and opinion on the subject. This may seem good reason for not adding another view, but the writer is persuaded that, upon the basis of much valuable inquiry carried out in recent years by a number of workers in the field, it is now possible to state in reasonably clear and confident terms what is that element which, together with the actus reus of killing, constitutes the crime of manslaughter in English law. The writer would begin by acknowledging his indebtedness in particular to various writings of Dr. Turner, Dr. Glanville Williams and Professor Hart. They are not to blame for what follows; but whatever illumination this article may shed is the result of his study of their work.Encouragement to write this article was derived from the following passage in Russell on Crime:“It is … incumbent upon writers, especially in matters of general principle, whenever there appears to be a lack of precision in the authorities, to make concrete suggestions for the removal of doubts and difficulties.

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Criminal Law

2021 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Murder in the Criminal Law of Iran and Islam

2004 ◽  
Vol 68 (2) ◽  
pp. 160-169
Author(s):  
Ebrahim Ghodsi
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Mens Rea ◽  
Human Being ◽  
Actus Reus ◽  
The Will ◽  
English Law ◽  
Key Aspects

Wilful murder, the deliberate killing of another human being, is considered a crime in the criminal law of Iran and Islam, and the consequential penalty invoked is retaliation. The offence, as in English law, requires proof of both actus reus (external element) and mens rea (fault element). The statutory offence may be found in Articles 14 and 204–268 of the 1991 version of the Islamic Penal Code and in Articles 612–615 of 1996 Code. In Islam there are many verses and precedents (of the Prophet and the Shiite Imams) condemning the crime of murder as illegal and retaliation as the appropriate punishment for this crime provided the legal elements are established. The requisite elements of the offence have been subjected to varied review in Iran and Islam. The focus of this article is to study the key ingredients in more depth. Retaliation as a punishment has three key aspects: it is personal; it should be equal with the crime; and to be performed according to the will and option of the avengers of blood.

2. Fundamental Principles of Criminal Liability—Actus Reus and Mens Rea

2020 ◽  
pp. 5-29
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

2. Fundamental Principles of Criminal Liability— Actus Reus and Mens Rea

2016 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

scholarly journals The Pitfalls in the Law of Attempt: A New Perspective

2005 ◽  
Vol 69 (2) ◽  
pp. 146-167 ◽  
Author(s):  
Kenneth J. Arenson
Keyword(s):  
Criminal Law ◽  
Mens Rea ◽  
Controversial Issues ◽  
Depth Analysis ◽  
The Status ◽  
Actus Reus ◽  
The Subject ◽  
The Law ◽  
New Perspective

The law of attempt is laden with some of the most hotly debated and controversial issues in the criminal law sphere. This article provides a critical and in-depth analysis of most, if not all, of the pitfalls that have bedevilled this area of the law since time immemorial. In particular, the discussion will focus on the type of mens rea required for an attempt, how far an accused must progress toward the commission of the subject offence in order to satisfy the actus reus component of an attempt, whether certain offences are intrinsically incapable of being the subject of an attempt, and whether the various courts and legislatures have agreed upon a universally accepted, coherent, and workable doctrine concerning the status of ‘factual impossibility’ as a defence to an attempt.

Criminal Law

2017 ◽  
Author(s):  
Michael J. Allen
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 25 years. This is the fourteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

2. Fundamental Principles of Criminal Liability— Actus Reus and Mens Rea

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

Judicial Cognizance of Guilt-Consciousness

1993 ◽  
Vol 27 (1-2) ◽  
pp. 59-83
Author(s):  
Haim H. Cohn
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Mens Rea ◽  
Psychology And Law ◽  
Other Hand ◽  
Anthropological Research ◽  
Actus Reus ◽  
Mental Element ◽  
The One

The term “guilt” connotes many different phenomena: theology, philosophy, ethics, psychology and law all contributed to the variety of connotations. It is not my purpose, nor do I pretend to engage in etymological or anthropological research into the evolution of the various aspects and concepts of guilt: I shall try to describe and distinguish only those phenomena of guilt of which judges may have to take cognizance for the proper exercise of punitive discretion.First and foremost, there is “guilt” within the meaning of criminal law. On the one hand, guilt is spoken of as denoting the mental element in crime: the guilt of one who committed a criminal act — actus reus — presupposes the criminal mind — mens rea; or, an actus reus is transformed into guilt by the supervenience of mens rea. Whether the mens rea is intent or wilfulness, or only negligence or recklessness, does not affect the incidence of guilt, but may well raise the question of degree of guilt. On the other hand, “guilt” is the result of a verdict to the effect that the accused is criminally responsible (“finding of guilty”), and it is in this sense that the accused may “plead guilty”.

Murder in the Criminal Law of Iran and Islam

1995 ◽  
Vol 68 (2) ◽  
pp. 160-169
Author(s):  
Ebrahim Ghodsi
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Mens Rea ◽  
Human Being ◽  
Actus Reus ◽  
The Will ◽  
English Law ◽  
Key Aspects

Wilful murder, the deliberate killing of another human being, is considered a crime in the criminal law of Iran and Islam, and the consequential penalty invoked is retaliation. The offence, as in English law, requires proof of both actus reus (external element) and mens rea (fault element). The statutory offence may be found in Articles 14 and 204–268 of the 1991 version of the Islamic Penal Code and in Articles 612–615 of 1996 Code. In Islam there are many verses and precedents (of the Prophet and the Shiite Imams) condemning the crime of murder as illegal and retaliation as the appropriate punishment for this crime provided the legal elements are established. The requisite elements of the offence have been subjected to varied review in Iran and Islam. The focus of this article is to study the key ingredients in more depth. Retaliation as a punishment has three key aspects: It is personal; it should be equal with the crime; and to be performed according to the will and option of the avengers of blood.

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