Criminal Law Case Study Example | Topics and Well Written Essays - 1750 words

Criminal police force - Case Study ExampleAlan has a paranoid personality and is prone to depression. Betty is Alans girlfriend. She is having an affair with Clive and does not mask this f lick form Alan who feels demeaned and angry. Betty comes home form the public house one day and announces to Alan that she is going to leave him for Clive. She packs her bags and goes. not knowing what to do, Alan picks up a hunting rifle and goes in search of Clive. He looks through the pub window and sees both Betty and Clive together. Whilst taking aim at Clive with the rifle, Dennis, an old friend from the pub, staggers over Alan and gives him a hard slap on the back. Alan stumbles whilst pulling the trigger and shoots a paraffin lamp on the bar. It ignites and the pub catches fire. The landlord of the pub, Ed, has piled crates in front of the fire exits so the only escape is through the narrow door. Clive dies in the fire and Betty collapses in an attempted escape. She is wantn to the hosp ital but is diagnosed as being in a persistent vegetative state. She receives lifespan support treatment. After one month, however, Doctor Fiona decides that Betty is un likely to ever again consciousness and so authorizes the border of life support. Benny dies two weeks after.In order to arrive answer to each of the questions, let us take first an overview on how criminal financial obligation whitethorn be incurred in the commission of an offense in the United Kingdom and the available defences he can utilize to lessen or even run afoul his criminal liability.The Concept of Crime and Criminal LiabilityIn almost all criminal justnesss, hatred is defined as an typify or omission in violation of an established integrity of the pull where the crime was committed. Act refers to an overt movement of any part of the body, while omission refers to ones failure to act or to perform a lawful duty which he is obliged to do. In order for an act or omission to be considered as a crime, there must be a law punishing that act or requiring a person to perform such lawful duty. Such laws whitethorn be the common law that are utilized in the United Kingdom, or a statute, like the Modern Penal Code, which is passed by the legislature of countries like the United States. Crime is a generic term. It is utilise interchangeably with the term felony, violation or infraction by the criminal law of other countries. In the United Kingdom, an act or omission punishable by law is called as offence. The violator may be termed as offender or defendant. A crime may be committed against a person like murder, against a property like theft, and against honor like defamation or fascinate against honor.When a person commits an offence, he is usually subjected to two liabilities. First is the civil liability which is the payment of the redress capable of pecuniary estimation in monetary form and the second is the criminal liability which volition subject the offender to life imprisonm ent, imprisonment for several years, or even death sentence, if found guilty.This query will only discuss that offences that can be committed against persons in the United Kingdom, the criminal liability the offender may incur, and the available defences he can utilize to lessen or even neutralise his criminal liability.Actus Reus and Mens ReaUnder the English common law, criminal liability could only be incurred if two of its of the essence(p) elements are present which are the actus reus and the mens rea. These essential requi amazees of criminal liability were based on the common law jurisdiction of the United Kingdom and are expressed in the Latin principle actus non facit reum nisi mens sit rea, which means an act does not make a person guilty unless (his) mind is