CJS 220 Week 3 Legal Defenses Assignment

CJS 220 Week 3 Legal Defenses Assignment - Running head...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Running head: Legal defenses Legal Defenses Brian C. Kennedy University of Phoenix CJS220 Steven Weber 19 June 2014 1
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Legal Defenses Abstract In the United States criminal justice system, the accused enjoy the presumption of innocence until proof of guilt beyond reasonable doubt by a jury of their peers. As such, the accused are afforded the opportunity to present a legal defense to the accusations being levied against them. However, before discussing some of more commonly recognized defenses, we must examine the elements of what constituted a crime in the first place. Crime Elements In order for an act to be considered a crime, two concurrent mechanisms must be present. Actus Reus and Mens Rea are these two elements. Mens Rea refers to a criminal state of mind, or intentions of the actor. The intention of an act is important when weighing the act’s criminality. True accidents (negligence not withstanding) lack a criminal intent and therefore are normally not considered a criminal act. Actus Reus is the act itself. The criminal action taken by the actor must be of his or her own volition. It cannot be the result of another act that caused an accidental action (Meyer & Grant, 2003, p. 28). When both of these elements are in concurrence, a crime has occurred. But it is important to note that there are exceptions as this is not a hard and 2
Image of page 2
Legal Defenses fast rule. Foreseeable dangers of an act do not immunize one from being subjected to this test. If someone takes reckless actions that any reasonable person would find to have a
Image of page 3

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern