MENS REA AND ACTUS REUS

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Question Description

Mens Rea and Actus Reus

For this assignment, examine the concepts of mens rea and actus reus as outlined in Chapter 2, of the Peak (2016) text. The Louisiana murder trial of Yoshihiro Hattori illustrated both actus reus and mens rea quite vividly. Read the following news articles detailing the 1992 Halloween killing of exchange student Yoshihiro Hattori:

Focusing on the conceptualization of actus reus and mens rea,

  • Describe whether the court acted justly and/or legally in the acquittal of Rodney Peairs.
  • Justify your personal opinions by referencing legal concepts or by building on theories outlined in the text.

Your paper must be at least 750 words in length (excluding title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center (Links to an external site.)Links to an external site.. Cite your sources in text and include them on the references page. For information regarding APA samples and tutorials, visit the Ashford Writing Center (Links to an external site.)Links to an external site..

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APA Key Elements This checklist is designed as a guide to the key elements of APA 6th ed. style required for student papers at Ashford University (AU). General Items • • • • Requirements The entire document is double-spaced, from title page through references. Margins are 1" on all sides and 12 pt Times New Roman font is required according to Ashford guidelines. There are no bold, oversized, or decorative fonts used in the document. "I", "we", "our" should only be used rarely in a research document. The writing needs to be objective and impersonal and in the third person unless otherwise stated in the assignment guidelines. It is also preferred that students not refer to themselves in the third person. Numbers: • • Always spell out a number in words if it begins a sentence. Generally spell out the numbers one through ten in words. Use figures for numbers above ten unless they begin a sentence. Title Page Requirements The title page should be in the following order: • • • • • Title Your name Course Instructor Date Submitted Please note that Ashford University APA guidelines require title pages to include the course instructor's name and date. This requirement is specific to Ashford and is not included in the APA publication guidelines as outlined in the APA Publication Manual (6th edition). Running Header • • • Requirements All papers must include a Running Header. It needs to be left justified, and on the same line as the page number throughout the document. The term "Running head: YOUR TITLE" appears on first page (Title Page) in the header. The shortened title always appears in all capital letters in the header throughout the rest of the paper. Introduction • • • • • Requirements It is on page two of the document (the first page after the Title Page) and starts a new page. The title appears at the beginning of the page and is centered. The word "Introduction" is not used as a heading. The introduction is written in a "funnel fashion," moving from broad to specific as it relates to your topic and study. The last sentence or paragraph is a clear statement of the research paper's purpose and what was found. Citations in Text • • • • Requirements The symbol "&" is used inside parentheses; the word "and" is used in text.. The author's last name and the year of publication should appear in any in text citation. Be aware of how to cite a work with multiple authors, and how this format will change after the first citation. Only the source you actually read should appear in the References. References Requirements • • Start a new page.. The title of the page (References) should be centered and not underlined • The page should be double-spaced; bring each new reference to the margin and indent the remainder of the reference. Only use last names and first initials, not full first names. Only references cited in your paper appear in the References. Likewise, anything cited in your paper must appear in the References. If you did not actually read an article but read about it (secondary sources), you must cite the article of interest and the source you read utilized within the text of your paper. • • • Only the source you actually read appears in the References Adapted from document by Tam M. Spitzer, Ph.D., St. John Fisher College CRJ501.W2A1.05.2015 Description: Total Possible Score: 10.00 Examines the Legal Concept of Mens Rea Total: 2.00 Distinguished - Thoroughly examines the legal concept of mens rea. Proficient - Examines the legal concept of mens rea. Minor details are missing. Basic - Partially examines the legal concept of mens rea. Relevant details are missing. Below Expectations - Attempts to examine the legal concept of mens rea; however, significant details are missing. Non-Performance - The examination of the legal concept of mens rea is either nonexistent or lacks the components described in the assignment instructions. Examines the Legal Concept of Actus Reus Total: 2.00 Distinguished - Thoroughly examines the legal concept of actus reus. Proficient - Examines the legal concept of actus reus. Minor details are missing. Basic - Partially examines the legal concept of actus reus. Relevant details are missing. Below Expectations - Attempts to examine the legal concept of actus reus; however, significant details are missing. Non-Performance - The examination of the legal concept of actus reus is either nonexistent or lacks the components described in the assignment instructions. Describes Whether the Court Acted Justly and/or Legally According to the Facts of the Case and Justifies Personal Opinions Total: 3.00 Distinguished - Comprehensively describes whether the court acted justly and/or legally according to the facts of the case, and clearly justifies personal opinions by referencing legal concepts or by building on theories outlined in the text. Proficient - Describes whether the court acted justly and/or legally according to the facts of the case, and justifies personal opinions by referencing legal concepts or by building on theories outlined in the text. The description or justifications are slightly underdeveloped or unclear. Basic - Minimally describes whether the court acted justly and/or legally according to the facts of the case, and somewhat justifies personal opinions by minimally referencing legal concepts or by building on theories outlined in the text. The description and/or justifications are underdeveloped and/or unclear. Below Expectations - Attempts to describe whether the court acted justly and/or legally according to the facts of the case and justify personal opinions by referencing legal concepts or by building on theories outlined in the text; however, the description and justifications are significantly underdeveloped and unclear. Non-Performance - The description of whether the court acted justly and/or legally according to the facts of the case and justification of personal opinions are either nonexistent or lacks the components described in the assignment instructions. Written Communication: Control of Syntax and Mechanics Total: 1.00 Distinguished - Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors and is very easy to understand. Proficient - Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors and is mostly easy to understand. Basic - Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors which may slightly distract the reader. Below Expectations - Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors which distract the reader. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: APA Formatting Total: 0.50 Distinguished - Accurately uses APA formatting consistently throughout the paper, title page, and reference page. Proficient - Exhibits APA formatting throughout the paper. However, layout contains a few minor errors. Basic - Exhibits limited knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements. Below Expectations - Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: Page Requirement Total: 1.00 Distinguished - The length of the paper is equivalent to the required number of correctly formatted pages. Proficient - The length of the paper is nearly equivalent to the required number of correctly formatted pages. Basic - The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages. Below Expectations - The length of the paper is equivalent to at least one half of the required number of correctly formatted pages. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Written Communication: Resource Requirement Total: 0.50 Distinguished - Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment. Proficient - Uses the required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment. Basic - Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly. Below Expectations - Uses an inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly. Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions. Powered by ...
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peachblack
School: Rice University

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Outline
I.

Introduction

II.

Conclusion

III.

References


Running head: MENS REA AND ACTUS REUS

Mens Rea and Actus Reus
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MENS REA AND ACTUS REUS

2
Mens Rea and Actus Reus

In the common law of crime it is required that there should be a union or a close
relationship between the Mens rea and Actus Reus. Regarding the Mens rea it is postulated that
people who do not have the intention of committing a wrong act should not be subjected to
conviction or any form of prosecution (Carson and Felthous, 2003). The aspect of Mens era can
be traced back to the year 1600 when the court judges postulated that criminality cannot be
justified only through the use of an action alone. Instead, there should be a mental element
associated with the criminal conduct or behavior(Carson and Felthous, 2003). In the case study
under analysis, it is imperative to ascertain that the court ruled in the case in the favor of Rodney
Peairs.The defendant was alleged of shooting a 16 year old student by the name Yoshihiro
Hattori (Booth, 2017).According to the case...

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