Homicide, Assault, Battery, Mayhem and Rape

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Essay #: 060524
Total text length is 7,517 characters (approximately 5.2 pages).

Excerpts from the Paper

The beginning:
Homicide, Assault, Battery, Mayhem and Rape
Culpability under most criminal law is founded upon certain basic premises that are more or less strictly observed by legislatures and courts when formulating the substantive law of crimes. Consequently, the prosecution is generally required to prove the following elements of a criminal offense; a physical act by the defendant; the state of mind or intent of the defendant at the time of his act; the physical act and mental state occurring at the same time; and a harmful result caused both factually and proximately by the defendant’s act.
Crimes against persons make up a large part of the criminal justice system and are analyzed through the above lenses when determining guilt. This paper will...
The end:
..... conviction if the defendant reasonably believed the victim was old enough to give an effective consent.
This paper has examined what specific factors are required when making a determination of whether a crime has been committed. In nearly all of the above crimes, both a physical act and a mental state are required for a crime to occur. These crimes take up a significant portion of the legal justice system because they have long been considered the most serious criminal acts that can be committed.
References
Fletcher, G. (2000). Rethinking Criminal Law. New York;
Oxford University Press.
Hall, J. (1960). General Principles of Criminal Law. Lexis
Law Pub.
Hart, H.L.A. (1968). Punishment and Responsibility. New
York; Oxford University Press.