LAW

Law

Law

Introduction

Actus Reus

A crimes objective element or the outer element known as “actus reus”. Actus Reus is a Latin terminology for “guilty act”.

Mens Rea

Latin term used in the criminal law for “guilty mind” is “Mens Rea”. An individual mental state when committing a “guilty act” or “actus reus” known as “Mens Rea” (Hedges 1999, Pp. 32).

Mistake of Fact

When there is confusion in the situation that occurred in a particular act, or there is a discrepancy between a fragment of reality and the imagination of the perpetrator, then it is said to be “Mistake of fact”. It means to know something, but false, as distinguished from ignorance, where the knower knows nothing of the object directly (Finkel & Jennifer 1977, Pp. 65-125).

Mistake of Law

When the perpetrator simply does not know that the act he is committing is the law, particularly criminal law, prohibited then it is said to be a “Mistake of law”. Therefore, as a rule he is also unaware that his act is presented as socially dangerous (Allan 1977, Pp. 300-306).

Discussion

Arguments in favor of prosecuting Johnny

The problem of error, and its derivatives have been last long been one of the most controversial issues that often generated in the area of criminal law, general part-not only because effects obviously affect the determination of structural elements of the crime to avoid a possible penalty, but by the very complexity of the issue involved. With relation to what it should be noted first that the least Ideally (In the proper relationship of politics and theory of culpable error) subject to imprisonment for an individual who committed the offense because of this phenomenon, be it by mistake type or of ban particularly inevitable. Its recognized that it is not necessary in such cases as compensation (Prevention general) or re-socialization and rehabilitation (special prevention) if follow the lines of false dilemmas between "Legal security" and "social protection" we have examined in other opportunities. Hence Johnny should be charged firstly for theft and violation of property rights of the neighbor. As he took his ladder without his permission to change the amount of fuel written on the sign board. It is a common fact and belief, that one's private property (the neighbor's ladder as mention in this particular case) should not be used or occupied without the owner's prior permission. This is because act, which motivated error, typically integrated into the culture of the society in which we live or at least the present conflict is not entirely insurmountable, in addition to the intimidation of, individuals who in the future could perform their acts in the same circumstances. In regard to the nature of the bug and discussed complexity logically is the product of our reflection, it does not seem that the relevant criminal laws and accordingly jurisprudence, have followed the direction that the modern theory of crime has developed in recent years to overcome the outdated distinction between “Mistake of fact” and “Mistake of law”. That is the reason that has prompted us ...