Law 5110 Study Guide - Quiz Guide: Mens Rea, Actus Reus
Document Summary
Forms and aspects of mens rea: introduction. Only thinking about doing something criminal does not make you liable - unless you talk about it with someone. Many legal systems do not need more proof than negligence for certain crimes, e. g. speeding, rape. Protect people that cannot be reproached for the crime they have committed; Safeguard that the defendant is only liable if he had the capacity and opportunity to do otherwise; Tohave retribution - the defendant deserves punishment for hostility and indifference to the victim; To deter - there is no deterrence if it is a matter of luck that you can be convicted: subjective elements compared. If the defendant remains silent, his intention can be deduced from his act in some cases. Difference between direct intent and indirect intent established by: Test of failure: if final goal is reached, direct intent. If still damage, but final goal is not reached, indirect intent.
