Men’s rea can be described as a mental element of a crime or conscious planning or intent (Dressler 23). Actus reus is the guilt act prohibited by the law (Dressler 23). Every criminal offense should have both actus reus and men’s rea as two critical components comprising the given phenomenon.
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Men’s rea should not be confused with the motif, as these are different issues. For instance, if a woman kills her husband for cheating, her motif is to revenge and release anger, but the men’s rea was the intent with which she acted when committing this act. In such a way, there are two different aspects vital for the case.
Speaking about the Cannibal Cop case, I agree with the decision to have a jury trial. The fact is that the case was contradictory as no real crime was committed. Instead, Gilberto Valle described his sexual fantasies about kidnapping, abusing, and cannibalizing real women (Gilberto Valle Discusses”). For this reason, a jury trial was needed to consider the case and determine whether the crime was committed.
Analyzing the case, it is possible to state that the prosecution views describing abusive and violent actions against women and planning to cannibalize them as an actus reus. However, I disagree that the plans would be realized as they were a part of fetish and fantasies. It means only men’s rea was present, while no actus reus could be found.
First-degree murder is willful, predetermined, and planned act of killing (Dressler 11). Second-degree murder is also an unlawful killing of a human being; however, it was carried out without preliminary planning (Dressler 112). Manslaughter is killing a person in the heat of passion or as a response to provocation (Dressler 113).
Analyzing Kim Potter’s case, it is possible to agree with the conviction for manslaughter. The definition shows that it is an act of killing a person in passion. The available evidence shows that the officer was nervous, had some issues while interacting with the victim, and there was no planning for this act (“Ex-Police Officer Kim Potter Jailed”). That is why the following decision seems fair and relevant.
As stated previously, I agree with the judge’s sentence. First, the was no planning or intent, meaning that men’s rea was absent. Second, the officer tried to use not a lethal weapon, and her strong feelings explain the mistake. Finally, the complexity of her job and the defendant’s repentance explain the final sentence.
as little as 3 hours
Crime against morality can be described as an offense of exiting moral values, moral basis, and views shared by the majority of society (Dressler 74). Usually, this category is viewed as victimless; however, I do not agree with this statement. For instance, prostitution can be viewed as a crime against morality, and there are always victims involved in the work of the sphere who suffer from it.
Larceny is taking property without any force or breaking into a structure (Dressler 98). Rubbery implies taking property from a person using threat or force (Dressler 100). Finally, burglary is the act of breaking into a structure to commit various crimes (Dressler 99). Thus, larceny is when a thief steals a wallet, and a victim does not notice it, while robbery is when a criminal steals a wallet using force. Finally, a burglary example is when a person enters other people’s house to steal a wallet.
The bribery of politicians is a complex and systemic issue, meaning it is challenging to deal with it. First, there is a chain of persons involved in the crime, and it is difficult to punish them. Second, politicians have the authority and power to influence all individuals responsible for the investigation. Thus, the case McConnell v. FEC emphasized the necessity to follow Bipartisan Campaign Reform Act as a measure to control financing and tool for bribery prosecution.
Dressler, Joshua. Understanding Criminal Law. 8th ed., Carolina Academic Press, 2018.
“Ex-Police Officer Kim Potter Jailed for Killing Daunte Wright.” BBC News, Web.
“Gilberto Valle Discusses ‘Cannibal Cop’ Case Details.” YouTube, uploaded by True Crime Daily, Web.