StudentShare solutions
Triangle menu

Criminal Law - Essay Example

Nobody downloaded yet
Intention leads the guilty party to have prior foresight of consequences that will take place should the act be carried out.
It is different from recklessness since on a subjective basis, there remains foresight without the hope of actually bringing about results. The problem in the courts of law is that the borderline between intention and recklessness is too vague. The court has to decide the extent of the desire to carry out the act and convert recklessness into intention. In DPP v Smith (1961) AC 290, the test was that the individual was taken to foresee and intend to bring about the likeliest actions if he carried out his intentions.
One, 'subjective' recklessness; In this case the defendant understands that a risk may occur if a certain action is carried out, still despite knowing this he still chooses to take that action ignoring the results of his actions. This is often seen when the guilty party decides to drive under the influence knowing full well that his actions could cause an accident.
Two, 'objective' recklessness arises when it is apparent to everyone apart from the defendant that there was a risk. Therefore the risk is so apparent that despite the defendant claims not to have considered the risk this is irrelevant.
Intention has many different levels at the most serious intention can lead to murder. ...
It is not usually a good idea to elaborate on a basic direction of intent: see R v Woollin [1999] 1 Cr App R 8, HL.
Certainty does not necessarily lead to the intention for murder although intention can lead to murder.

Intention has many different levels at the most serious intention can lead to murder. The degrees of intention range from pure intention to recklessness dependant on the nature and seriousness of the crime. When the most serious degree of culpability, justifies the most serious degree of punishment both elements are found in the defendant's mind. (a subjective test) An individual who plots and carries out an act of crime is thought of as a more serious threat than the one whom behaves recklessly. An opportunist might find a sudden opportunity to steal something or become so angry that they harm another. Intention can also arise from the common law principle as well.
One of the most critical sources in the early development of the law on recklessness was an academic piece of work. In his book Outlines of Criminal Law' (published in 1902), Professor Kenny discussed the definition of "maliciously", with specific reference to arson. A large amount of the information in the book was founded on the judgement in the case of R v Harris. At the beginning of the century the fundamental state of the law concerning recklessness was that it was a subjective test that determined the mens rea in criminal acts where the necessary mens rea for the defendant was to cary out an act.
In the case of R v Cunningham (1957) , the defendant took money from a gas meter that resulted in ripping the meter from the wall and leaving the gas pipes exposed. Coal gas escaped into the basement of the house next door and ...Show more


To make a charge stay currently requires to find the party guilty of recklessness or intent. Currently intention is a central requirement of criminal law since prosecution requires the party to be found guilty of intent. If the party is found not to be guilty of intent a serious crime could be committed and the guilty party could walk away without punishment…
Author : nmills
Criminal Law Essay essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Criminal Law Essay"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Criminal Law
This essay will analyze the changes made to the two defenses to murder mentioned above and discuss if the change provided an improvement to the existing law. The first change to the old defense of provocation was that the old law required a sudden and temporary loss of self control,1 whereas the Coroner’s and Justice Act 2009 requires that, although the defendant must have self control, the self-control need not be sudden (S54(2)).2 This subjective test is a test for the actual self control that caused the altercation.
3 pages (750 words) Essay
Law Essay - Criminal Law
In accordance with the firmly embedded principle laid down by Article 6(2) ECHR it is evident that “Everyone shall be presumed innocent until proved guilty according to the law”. This makes it quite clear that there is presumption whereby a person is deemed to be innocent unless the court is satisfied beyond reasonable doubt of the criminal liability of the person, proved by the prosecution.
9 pages (2250 words) Essay
Criminal Justice Essay
Generic legal definitions of the concept of arrest asset it to be the deprivation of freedom, including the possible retention into custody, by a law enforcement authority. Section 29-06-01, NDCC defines arrest as follows: Arrest, as defined in the preceding, may assume two forms, non-formal and formal.
3 pages (750 words) Essay
Criminal Law Bachelor Essay
(Schmalleger, 2001, p. 143) Human beings are fundamentally rational, and most human behavior is the result of free will coupled with rational choice. However the rational choice is dependant upon 'pain' and 'pleasure', the two characteristics of human sociology.
4 pages (1000 words) Essay
Criminal Law Master Essay
Some of them belligerently try to influence or browbeat other jurors and there have been occasions when the jurors indiscriminately discuss the confidential court proceedings in domestic or friendship quarters, rumours getting publicised and leading to embarrassment of the Court.
6 pages (1500 words) Essay
Land Law and Criminal Law
In general terms all interests in land should be entered on the register in order to protect those interests. Where such interests are not recorded the court can that the new purchaser will not be bound by
8 pages (2000 words) Essay
Criminal Law Writing Task
which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.” On the other hand, a crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it.” It is
8 pages (2000 words) Essay
CRJS 205 Introduction to Criminal Law
The main purpose of filing a case is to obtain a remedy from a court’s ruling; however, remedies offered in civil cases differ with remedies offered in criminal cases. Most criminal cases will have jail sentence and fines while civil cases offers
1 pages (250 words) Essay
Criminal law
In English Law the legal principle for omission rests upon these three principles, and the omission on the part of the individual to act upon any one of these attracts a criminal
4 pages (1000 words) Essay
Criminal Law
upposed to exercise the best care possible when handling their patients, including ensuring that a correct diagnosis has been made with regards to the results of laboratory tests and physical examinations, for example. If a patient dies due to medical misdiagnosis as the
2 pages (500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Let us find you another Essay on topic Criminal Law Essay for FREE!
Contact us:
Contact Us Now
  • About StudentShare

  • Testimonials

  • FAQ

  • Blog

  • Free Essays
  • New Essays
  • Essays

  • The Newest Essay Topics
Join us:
Contact Us