Crime Law

In: English and Literature

Submitted By ronwewa
Words 636
Pages 3
Crime Law – A critical Thinking Paper
Mikes intoxication can be used by the defense by arguing out that the intoxication affected Mike’s ability to make a rational decision to react to his stir. As such, Mike did not have the mens rea of stabbing Sam in the abdomen since he was not in his correct form state of reasoning. For an act to be regarded as a crime under the principle of manifest criminality it has to be a voluntary act It requires the contraction of muscles be willed. A person is not guilty of an offence unless liability is based on conduct that includes a voluntary act. Non voluntary act includes reflexes, movements while in one’s sleep and during unconsciousness or actions under hypnosis. Another category of involuntary acts is any bodily movement that is otherwise not a product of the effort or determination of the actor either consciously or habitually. Thus, Mikes defense can argue out that Mike was not in his full conscious state when stabbing Sam since his mental state had been altered by Sam’s lie and was as such under some form of hypnosis. To add onto that, he was also intoxicated and this further compromised his thinking.
Charlie can claim that he was hypnotized and scared at the thought of the lunatic grim reaper taking his life away from him. According to the principle of manifest criminality, a person is not guilty of a crime if the act he committed was a result of an unconscious decision. For this case, Charlie was fully convinced that he was being trailed by the lunatic who was wielding a gun from the point the lunatic’s car pulled next to his. Being under hypnosis is a condition that can last for long periods until some effect snaps the person back to reality. In this case, it was the crash that brought back Charlie to reality and made him realize he wasn’t being followed anymore – something he had not realized for the four kilometers he…...

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