Posted: May 18th, 2022

Actus Reus and Mens Rea

Actus Reus and Mens Rea
Case 1 is a gut-wrenching video that went viral a couple of 16 years previous lady, Jordan Holgerson, who was shoved over a 60-foot bridge by one other lady, Taylor Smith, in Moulton Falls. Jordan Holgerson broke 5 ribs, each of her lungs have been punctured, she was bruised throughout her physique and may have died.
Within the case that adopted these occasions, Holgerson v. Smith, there was an actus reus as a result of, within the longer model of the video, it confirmed that there was an trade of phrases between Smith and Holgerson concerning whether or not to leap into the water or not. Smith, is seen to get irritated with the again and forth persuasion abruptly, threatening to push Holgerson if she didn’t bounce. Within the case, the mens rea appeared when Smith mistook Holgerson’s standing on the sting of the bridge as consent for her to wish to bounce into the water. Nevertheless, it was recognized that when Holgerson checked out how far the water was from the bridge, she modified her thoughts and even requested Brady to carry her hand. Smith may have thought of her change in thoughts and simply let her not bounce as a substitute of pushing her over.
Frequent regulation acknowledges that an individual possesses an obligation to help their baby, partner, or worker from hazard (Lippman). Brady had requested Jordan to not bounce if she didn’t wish to. Due to this fact Brady performed her half. Nonetheless, the buddy who was taking the video ought to have helped Jordan seeing as she was not comfy with the thought of leaping.
Case 2 is a couple of 20-year-old lady who was sentenced to 15 months imprisonment for encouraging a male known as Conrad Roy to kill himself by way of textual content message. Conrad Roy had died three years previous to the conclusion of the case inside his pickup truck by way of carbon monoxide poisoning.
In Case 2; Roy v. Carter, Carter didn’t act in actus reus however as a substitute in mens rea. Her case didn’t meet the factors of actus reus as a result of, for roughly two years since Roy disclosed to her about his suicidal ideas, she tried as a lot as she may to cease him from committing suicide and even had inspired him additionally to hunt skilled assist. However, in some unspecified time in the future, Roy threatened to hate her if she disclosed to anybody else about his suicidal ideas and makes an attempt. As a young person, Carter, being intimidated by Roy, who was older, should have been an excessive amount of of a burden to hold. She was seen to have sunk into the identical depressive state as Conrad, which could have influenced her choice. That’s the reason her case meets solely mens rea necessities as she mistook his fixed speaking about suicide for over three years as consent. Lippman highlights that the penal code means that Michelle by no means bodily compelled Conrad to kill himself (74).
Within the case, Roy’s dad and mom have been discovered responsible for not getting skilled assist for his or her son, though the daddy had identified that Michelle was the one which took benefit of his son’s weak point. This was even if the daddy knew his son was not okay emotionally. Three years was too lengthy for folks to not take motion and discover out what their son was moving into in his non-public time. Given the state of affairs, the dad and mom had the responsibility to Intervene (Lippman).

Lippman, Matthew. Up to date prison regulation: ideas, circumstances, and controversies. Sage, 2009.

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