Tuesday, February 25, 2020

Actus Reus and Mens Rea Research Paper Example | Topics and Well Written Essays - 2000 words

Actus Reus and Mens Rea - Research Paper Example lt case, for instance, may say that he hit the victim unintentionally and hence did not have the required motive for an assault, or a motive to bring about physical injury (Allen, 2013). Nevertheless, if the prosecution can establish that the victim and defendant had been quarrelling immediately prior to the suspected assault, the intent can work as a circumstantial proof that a suspect truly did intend to hurt the victim. Otherwise, defendants can take advantage of the prosecution’s lack of evidence of intent as a ‘reasonable doubt’ to evade criminal responsibility (LaFave, 2006). This paper discusses ‘actus reus’ and ‘mens rea’ as depicted on the cases of homicide, murder, rape, and manslaughter. It also answers the following questions: why are individuals not punished for their thoughts? What are some of the reasons why law requires ‘mens rea’? Why is it difficult to prove ‘mens rea’ beyond a reasonable doubt? Murder is a usual crime which has not been identified by the law. The 17th-century definition of murder given by Sir Edward Coke is â€Å"†¦ the unlawful killing of a reasonable person in being and under the King’s peace with malice aforethought, express or implied†¦ is widely referenced. The actus reus is described by the first part and mens rea by the second† (Allen, 2013, 324). As explained by Sir Edward Coke, the mens rea of murder needs one component to be met—malice aforethought, whether overt or covert. Aforethought does not necessitate planning or thinking ahead of time just that the motive to murder does not occur after the action. The mens rea of unlawful killing is fulfilled by the motive to kill or bring about serious physical injury (Allen, 2013). Overt motive is direct, a suspect fires at the victim attempting to murder him. Motive could also be indirectly expressed by the suspect trying to bring about harm which leads to death (Brody & A cker, 2011). Nevertheless, problems emerge when the primary goal of the

Sunday, February 9, 2020

Gender Disparities Essay Example | Topics and Well Written Essays - 750 words

Gender Disparities - Essay Example Their preference for the son superseded their preference for their son’s happiness. One can only imagine what a woman feels when she realizes that because she is a daughter, she is less than a son. The love of her parents will always be inferior. Then when she grows, she becomes aware that this problem goes beyond her house. It affects the entire society, or rather, it infects the whole civilization. Being a daughter is her first state of defeat; it is the defeat of being a daughter, which will eternally turn her into a second-class citizen.Gender discrimination produces unfair gender norms and expectations that delimit women’s capacity for self-development. Mrs. Pritchett wants to feel loved, but she feels it is too late for she married a self-centered man who is unaware of her needs as a woman. She has not developed her personhood because of her restrictions as a woman. These experiences are unique to women because of their womanhood. Their patriarchal society produce s unfair perceptions of women. Gender prejudice drives discrimination that turns women into slaves of men, and as wives, they are slaves of their husbands. Those who are poor are worse off. Mangalam experiences sexual harassment, though this gives her power over a life of poverty. Nevertheless, her experience shows that because she is poor and a woman, she cannot attain the kind of life she wants to have. Sexual harassment is common in patriarchal countries, especially among the working-class women, since they are often powerless.... One can only imagine what a woman feels when she realizes that because she is a daughter, she is less than a son. The love of her parents will always be inferior. Then when she grows, she becomes aware that this problem goes beyond her house. It affects the entire society, or rather, it infects the whole civilization. Being a daughter is her first state of defeat; it is the defeat of being a daughter, which will eternally turn her into a second-class citizen. Gender discrimination produces unfair gender norms and expectations that delimit women’s capacity for self-development. Mrs. Pritchett wants to feel loved, but she feels it is too late for she married a self-centered man who is unaware of her needs as a woman. She has not developed her personhood because of her restrictions as a woman. These experiences are unique to women because of their womanhood. Their patriarchal society produces unfair perceptions of women. Gender prejudice drives discrimination that turns women int o slaves of men, and as wives, they are slaves of their husbands. Those who are poor are worse off. Mangalam experiences sexual harassment, though this gives her power over a life of poverty. Nevertheless, her experience shows that because she is poor and a woman, she cannot attain the kind of life she wants to have. Sexual harassment is common in patriarchal countries, especially among the working-class women, since they are often powerless against these male sexual predators (Gupta 95). Being a woman and being poor are the worst human conditions because they prepare women for a life of servitude, and with servitude, disappointment looms. Middle-class women are trapped in middle-class norms. They are afraid of what their society will think of them if