Criminal Law: Elements and Case Analysis

This document provides an overview of criminal law, focusing on the elements of actus reus and mens rea. It analyzes a case involving criminal liability and explains the IRAC method for solving the case. The document also discusses offense and defense in criminal law. Recommended books and journals for further reading are provided.

Criminal law
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................3
REFERENCES................................................................................................................................4
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INTRODUCTION
There is high rise in crimes due to many reasons and factors. It has highly affected on social life
of people. Criminal law refer to act of a person in context of crime. There is a body who govern
and regulate crime related matters. It deals with behavior of people and how it relate with
society. There are certain principles as well on basis of which criminal law is applied.
The report will describe about a case of paul and sharon and criminal liability. Also, it will
mention about two elements of crime actus reus and mens rea. Moreover, the IRAC method will
be explained of solving case.
MAIN BODY
In a crime usually there are two elements in it they are actus reus and mens rea. The actus reus
mean to have a guilty act and mens rea means to have a guilty mind. It state that in view of
society it is wrong to punish those who causes harm to innocent person. However, in actus reus it
state that society is only eligible to punish bad deeds not bad thoughts. Therefore, in order to
analyse and constitute behavior of crime these two concept are used. Similarly, in case of paul
and sharon it is found that sharon attacked paul in a party. Now, here actus reus of Sharon is that
she only wanted to punish paul for seeing other women even after getting married. Also, she
want to punish him for having an affair with her best friend sally. Thus, it is identified that there
was no bad thoughts of haron in this. Moreover, sharon mens rea is she killed paul who was
innocent person. But for what Paul did to her that is having affair with Sally. In addition, Paul
mens rea is that he was innocent so he need not to be punished or killed by sharon. Besides that,
paul actus reus was that he was punished for his bad deeds. This means despite making promise
to his wife he was having an affair with her best friend Sally. Thus, he was punished for his bad
deeds.
In addition to it, there is offense and defence is criminal law. Offence refer to violation of
law and doing an act which results in breach of law. On contrary defence means lack of capacity
of defendant to be held legally responsible. This can be either in terms of insanity, infancy and
intoxication. Similarly, in current case as well there were offense and defence. The offence was
that of sharon who violated act of crime. He attacked paul with knife. However, sharon behavior
is defence due to lack of Insanity. Her behavior was highly influenced due to accident in which
she lost her child and even after fertility treatment she was not able to become a mother.
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In order to solve a crime it is necessary to analyse it so it is identified what legal support can be
given. There are some method or concept which enables in investigating case. The method are
applied on basis of type of crime. Thus, the IRAC method is as
IRAC method- the lawyer needs to understand and employ legal analysis to serve clients needs.
So, it requires legal analysis skills for lawyer to investigate crime. This method is process of
legal analysis. It is described as
Issue- it is an essential skill which is required in analysis. This is related to spotting of issue. So,
issue is problem which must be solved through legal rule. In current case, the issue is of sharon
criminal liability.
Rule- in this the legal rule are applied to each issue identified. Basically, there are 4 source from
where legal rule is stated. They are federal, case law, statute and regulation. In above issue
federal and state constitute rule is applied. This is because doing a murder is against rule and
consider as criminal act.
Application- here, the legal rule is applied to case issue. This is done by analysing entire case
and then applying legal rule to it. In this facts are considered. Herr, federal rule is applied which
state that sharon criminal liability can not be resolved.
Conclusion- this is last stage where it is the result of the application of the law to the facts used
to resolve the legal issue. In a court opinion, the conclusion is the court's holding or decision. In
this it can be concluded from case that sharon is victim of criminal liability. It is because she
took knife and stab in paul. So, it shows criminal behavior of sharon which is rule of federal is
crime. Moreover, even after several operations and surgery paul health does not improve and he
has to be placed on life support system. But after sometime he dies. Thus, sharon is liable for
paul death.
Hence, it is analysed that behavior shown by sharon is criminal liability. She did attack
paul in party. Also, there is no proof of any mental illness or behavior in Sharon. Moreover, there
is nothing related to sharon which can be taken in defence on her. The fact that she lost her child
and inefficiency of becoming mother can not be considered as mental illness.
CONCLUSION
Thus, it is summarized that there are two elements of crime which is actus reus and mens rea.
They are related to guilty act and guilty mind. In case of paul and sharon, sharon is liable for
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crime which is done by her. The behavior shown be her is an offense against society. She did
murder her husband only for arguing with her.
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REFERENCES
Books and journals
Cryer, R., Robinson, D. and Vasiliev, S., 2019. An introduction to international criminal law
and procedure. Cambridge University Press.
Ormerod, D. and Laird, K., 2018. Smith, Hogan, and Ormerod's Criminal Law. Oxford
University Press.
Law, C., 2017. Assessing their Contribution to International Criminal Law (TMC Asser. Journal
of International Criminal Justice, 15, pp.1049-1055.
Kadish, S.H., Schulhofer, S.J. and Barkow, R.E., 2016. Criminal law and its processes: Cases
and materials. Wolters Kluwer Law & Business.
Peers, S., 2016. EU Justice and Home Affairs Law: EU Justice and Home Affairs Law: Volume
II: EU Criminal Law, Policing, and Civil Law. Oxford University Press.
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