15 Sep Criminal Law Emily
Mens rea is the intent of a criminal, the criminal has the mindset and intent to commit the crime. For a person to be found guilty at trial of a crime they have to be found guilty of mens rea. There should be no doubt in anyone’s mind after viewing evidence that the person intended to commit the said crime. [1] Staples v. United States is a good example, the person involved in this case had firearms that were not registered. This person was fully aware of the laws yet still chose to have unregistered firearms in their home and knowingly broke law. There was proof beyond a reasonable doubt that he broke the law knowingly. [2] Actus reus is more focused on someone’s reflexes or reactions involving a crime. [3] A good example of this is Powell v. Texas, Powell was an alcoholic who was found intoxicated out in public and found guilty of this charge in court. He tried to appeal but the court found that although alcoholism was something that a lot of the times someone couldn’t control as far as where you may end up when you are intoxicated you are still guilty of a crime. Powell did not have the intent to get drunk and go out in public drunk, he was under the influence and wasn’t aware of the crime he was committing none the less he still made committed a crime. The court found that chronic alcoholism was not a defense to the charge and he was still found guilty.
2) What role do you think motive should play in criminal cases? Explain your answer.
Motive has a huge role in criminal law. Motive is necessary if proving liability. Motive also helps share an idea of what morals are approved throughout society and what morals should be upheld. My personal opinion on the role of motivate is that it should be treated consistently. When doing research on this I read that its treatment is “inconsistent and incomplete”. [5] Motive should be treated with consistent increases or decreases in punishment.
answer this discussion in 200 words no outside reference put in your own words
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