Criminal Law Coursework Example | Topics and Well Written Essays - 2500 words

Criminal Law - Coursework Example f reckless mens rea as well as evaluate Herring’s viewpoint with regard to, whether the current provisions in law are satisfactory in as far as reckless mens rea is concerned. Legally, recklessness implies the taking unwarranted risk. The term has brought about numerous debates with regard to the best test to determine it. In course of development of criminal law two main tests have been introduced; subjective and objective tests. R v Cunningham [1957] 2 QB 396 formed the base of testing recklessness. The case introduced subjective test. This means that the defendant’s ability to gauge the risk at hand is questioned as well as the actual action taken that result in the risk. In this regard, Cunningham recklessness seeks to find out whether the person was in a position to foresee the risk involved but then went ahead with actions despite the ability to foresee risks1. The subjective test was carried out in many other cases but was reviewed under the M.P.C v Caldwell [1982] AC 341. This case introduced the objective test which introduced the notion of, Failure of the defendant to take notice of a risk that was obvious and one which any reasonable person should have seen2. Introduction of Caldwell recklessness brought squabbles since it conflicted with Cunningham recklessness. It eventually turned out that both tests had weakness. The problem of subjective test is that it is based on the accused individual’s perception with regard to the matter at hand. The prosecution is thus tasked with proving that the accused person was able to foresee the risk but went ahead to engage in the act. However, it is not easy to prove a person’s state of mind. This test meant that whenever an accused person could prove inability to foresee the risk, acquittal was the only option. On the other hand, Objective (Caldwell recklessness) was also unfair because it led to convictions of many accused persons who, genuinely, were not able to foresee any risk. This aspect was

Wreiter choice Essay Example | Topics and Well Written Essays - 250 words

Wreiter choice - Essay Example it is proposed that all history students should first be asked to read this book before starting on their course as it provides a world of perspectives to history without having to dumb down the historically accepted facts and information of humanity and the earth existence (Christian). This is what makes the book, especially unique in the development of summary for the Invitation to Insight (HU 114) And Reading for Life (UH 113) courses. In the invitation to the insight, I have learned to put into application deductive thinking from the study of the book. I can regularly apply my knowledge in such areas as; religion, science, literature and art to simulate the various viewpoints cultured from the book yet applicable in my academic course with great respect to context. In the Reading for life course, there is the absolute relationship between the book and the course where the book presents a worldview that encompasses the variety that is life and a wealth of knowledge across the ages in human history that is second to none. The significant role played by this book, of the two courses, is significantly important yet second to none. Its applications are limitless both to academia and to the acquisition of knowledge for its