Criminal law Essay Example | Topics and Well Written Essays - 2000 words - 2

Criminal law - Essay Example The law that deals with crimes is referred to as criminal law. The shapers and foundations of criminal law are the numerous social standards and conducts set in different jurisdictions. This definition implies that criminal law seeks to control peoples’ conducts in society and criminalise actions and omissions that may threaten, endanger and harm others’ well being, safety, security and mental and physical health1. For people who breach any of the laid down criminal laws of a given jurisdiction, the consequences are often commensurate legal punishments such as jail terms. Unlike civil law which focuses on resolution of disputes and compensation, criminal law emphasises punishment for convicted offenders2. Because of the severity of the effects of some convictions on perpetrators, judges always want proof of the intent to commit a crime on the part of a defendant. This intent or guilty mind is referred to as mens rea. Thus mens rea and actus reus are the two core require ments that must be present at the same moment for a successful conviction. In other words, a criminal case cannot stand strong if mens rea and actus reus occur at different times, even if sequentially. On the other hand, strict liability refers to the criminal liability faced by a defendant, regardless of mens rea3, i.e. where it is absent. This paper explores the statement that â€Å"Theft and Fraud are both serious crimes, but they can never be the basis for any type of manslaughter conviction, even if the victim dies.’... Taking the offence of criminal damage as contained in section 1(1) of the Criminal Damage Act 1971), the actus reus entails the damage or destruction of another person's property5. Thus, the mens rea in this case does not require exceeding an intention to commit criminal damage. In a specific intent crime, a suspect’s mens rea exceeds the actus reus. This implies that such a defendant had certain ulterior motives in mind. For an illustration, in the case of aggravated criminal damage contrary to section 1(2) of the Criminal Damage Act 1971, this offence is committed if a defendant damages or destroys a property while all along intending to endanger life6. Examples of basic intent crimes include common law theft, fraud, assault, battery, manslaughter, rape and criminal damage while specific intent crimes are unclear offences, murder and criminal damage with intent to endanger life. The reason theft and fraud cannot form the basis for manslaughter is that the actus reus of the t wo crimes are not similar to that of manslaughter. For example, the actus reus of theft is the illegal taking, keeping and/or using of another person's property. This actus reus is accompanied by the mens rea of permanently intending to deprive the rightful owner the possession or use of a property. That is, if one party mistakenly takes the property of another, thus depriving the owner of the use and possession of the property (the actus reus), it does not amount to a crime since the former mistakenly takes the property, believing he/she is the rightful owner. However, if he/she realizes the mistake but does not take the earliest opportunity to return it to the rightful owner, it becomes a crime at this point7. There is thus, the element of dishonesty in the latter scenario. The