Essential Elements of a Crime Essay Example | Topics and Well Written Essays - 1000 words

Essential Elements of a Crime - Essay Example Under our scenario, it is evident that conduct of Stephen of punching Vincent in the stomach is, the actus reus of battery. Battery in itself is unlawful taking into consideration that it is often meant at hurting the other party intentionally. In other words, Stephens’s unlawful offensive physical contact against Vincent is tantamount to a criminal offence. Commission acts is a significant proof for the actus reus of a crime. The case at hand can also be examined from causation point of view whereby action of the defendant resulted on a particular consequence. For instance, it can be established that Stephen’s act of punching Vincent was the major cause of Vincent’s illness. This clearly proves that in case a definition of the actus reus calls for a proof of an occurrence of a particular consequences then the prosecutor carries the responsibility of proving that the defendant’s conduct directly caused the consequences. For instance, if the prosecutor beli eves that Stephen conduct of battery was the reasonable cause of Vincent death then he/she has to prove this assertion. A conduct in criminal law does not need to be a commission only but also omission. V asserts that Clarkson (2005: 102) Omission refers to failure to take a positive action and consequently results in injury. Under general common law not only in the United Kingdom but also in other countries practicing common law, no individual can be held criminally liable for an act of omission. However, there are exceptions to omission rule such as in cases where there is: statutory duty, contractual obligation, voluntary assumption of responsibility, duty due to defendants previous conduct, and public duty. Failure to act and or respond positively to the above exceptions can result to committing actus reus by omission. In our scenario Stephen was guilty of committing the actus reus of omission. This claim can be justified by the fact that he failed respond to his prior act of ca using bodily harm to Vincent and consequently led to victim’s death. Under the common law defendant is often expected to correct a dangerous situation, which he/she is directly responsible for its occurrence (Emanuel, 2007: 95). Instead of helping Vincent who was, gasping for air on the floor Stephen just chose to run away even after punching him. Meanwhile Jim cannot be held criminally liable for committing actus reus of omission taking into consideration that he was under any statutory or contractual duty to help Vincent and there his inaction cannot attract any penalty under common law. Task 2: principles of novus actus interveniens and the ‘egg shell rule’ Principle of novus actus interveniens is widely used in the context of causation and it is used to explain interference with the chain of causation or to mean 'a new intervening act' (Hodgson, & Lewthwaite, 2007: 61). The chain of causation in criminal law refers to the series of events triggered by the def endant that leads to a particular event and consequent injury. For instance, it can be established through a post-mortem that a serious stab wounds is the major cause of a victim’s death. The relationship between a guilty action and its consequences is an important premise for establishing guilt and final liability not only in

Legalization of Marijuana in Arizona Essay Example | Topics and Well Written Essays - 500 words

Legalization of Marijuana in Arizona - Essay Example Currently, taxation on Alcohol and Cigarettes has been beneficial for the federal government. Solely $9 billion are gained annually through the excise tax on alcohol and $25 billion through cigarettes. States collect approximately $5.5 billion through alcohol taxes. There are certain shortcomings in the system due to which legitimate amount is still not collected. Collection of the exact amount of money through taxes on alcohol and cigarettes would gather billions of dollars. Strong legislation and adequate measures for the collection of tax on marijuana will definitely help Arizona to accumulate billions of dollars. Legalization of marijuana should be done in such a manner that high taxes are applied to it. There is not the much abundant supply of marijuana in the country and it has been sold in the grey market at a high price. Eventually, legalization of marijuana and quotation of high prices would basically discourage people to spend money on it. At the same; tax collection throug h it would be advantageous. The legalization of marijuana would promote its usage in the country but due to high prices, people would not be able to purchase it which would be ultimately positive. Most of the users of Marijuana are teenagers, high prices would change their purchase behaviors and sales reduction would be seen. Legalization of marijuana would also enable State to keep the record of demand and supply, which is fundamental for economics and finance division of Arizona. The sale and purchase mechanism of marijuana is still prevalent beneath the table and it involves drug dealers, criminals, and mob gangs. Due to legalization, these unlawful business operators would get out of their hubs for business. Their presence in the market would basically escort police officials to find the culprits of smuggling and illegal trade. By catching these individuals, the economy of the country and state would rise as grey market and smuggling has destroyed nation’s economy.