Political Science 2237E Lecture Notes - Mens Rea, Strict Liability, True Crime
24 Apr 2013
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Not a disease of the mind, not likely to reoccur (no need for treatment) No actus reas because it is an involuntary act. Criminal law is public, the victim does not choose to pursue charges, it is considered a crime against society and not the victim alone. No initial mens reas and no actus rea as the omission was not an act of itself. Convicted because when deciding not to move the car, a guilty mens rea is formed and thus fagan is guilty of assault. Argued it is not criminal because omission was not action. Convicted because omission of counteractive measures after action that resulted in the. R vs. city of sault-st-marie (the cherokee stream) Acquitted because strictly liable, not absolutely liable and not a true crime. Cannot charge two people of the same crime completed separately from each other. R vs. ladue (disgusting guy, substitutes one intention for another for conviction- realism)
