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Philosophy 2080 Midterm: Question 6 - Crime and Criminal Law

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Philosophy 2080
James Kow

What is crime? Discuss what criminal law is.  Crime consists of two parts o Physical part: actus reus  Means a guilty act or an illegal act  Also seen as a morally wrong act o Mental component – mens reus  Means a guilty mind  Intention to commit a crime  Desires to commit a crime o Not punished for mens reus alone  If mens reus and actus reus are found together, a person can be convicted of committed a crime o If found guilty of crime, they are criminally liable and should be sentenced under criminal law  A throws cigarette, b throws petrol o B started fire because act was voluntary  A throw cigarette breeze comes up causing a forest fire o A is liable because the breeze was a natural circumstance  A knocks over b, b falls to ground and a tree falls and kills b o Tree killed b, not a because it was an accident because both events happened at the same time  Removes a as a cause of death even though he had intention  Opportunities o Person can commit a crime if person a provides opportunities that influence the actions of person b  Opportunities may cause harm to person  Reasons o Person a persuades person b to voluntarily do something harmful  B is cause of harm but A is responsible  Legal responsibility is more than causal respo
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