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Constructive Manslaughter (Example)

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CONSTRUCTIVE MANSLAUGHTER By (Name) Course Professor Date Constructive Manslaughter Constructive manslaughter which is also called unlawful act manslaughter is a kind of a crime that is considered to be involuntary manslaughter. It is an unlawful killing where the party responding to the complaint lacks mens rea of deliberately killing the other party (Westen 2008 p. 145). Mens rea and actus reus are therefore the basis for determining a case of the unlawful and dangerous act. Mens rea is considered to be a guilty mind- which is the intention to commit a crime. For instance a case where the party D punches V who falls and hit his head and V dies; the party D in this case lacks mens rea. Mens rea can also be considered to be lack of knowledge that a party’s behavior or lack of behavior can lead to a crime. Actus reus on the other on the direct intention of the defendant the reasonability of the action recklessness of the action gross negligence of the criminal as well as the virtual certainty of the consequences. The defendant should seek to prove that the actions were not in line with the offenses of constructive manslaughter stipulated by the English law. Upon determination of a guilty case of constructive manslaughter the accused is punishable thought the discretion of the judge. References Furey J.R. 2010. A Consistent Approach to Assessing Mens Rea in the Criminal Law of England and Wales.Giannelli P.C. 1999. Manslaughter and Other Homicides.Mitchell B. and Mackay R.D. 2010. Investigating involuntary manslaughter: An empirical study of 127 cases. Oxford Journal of Legal Studies  31(1) pp.165-191.Ormerod D. Laird K. Smith J.C. and Hogan B. 2015. Smith and Hogan's criminal law. Oxford University Press USA. Westen P. 2008. Individualizing the reasonable person in criminal law. Criminal Law and Philosophy  2(2) pp.137-162. [...]

Order Description:

its 2000 words essay for criminal Law, UK, undergraduate, and need at least 60 % need it ASAP

Subject Area: Law

Document Type: Reports

This project has already been completed by one of the Studybay experts. The client rated this project:

Project's rating is 5/5

Price $60

Words 550

Pages 2

Completed in 17540 days

Expert Kathleen M

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01.12.2018

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