We learned
about elements of crime and defenses. Law enforcement officers need to
understand elements of crimes in order to know what to charge someone with.
They also need to know the elements and defenses to assist in their
investigations. The evidence officers uncover will be used by prosecutors to
prove the elements. Defense attorneys also have many options to try to defeat
the charges by raising a justification or excuse defense. Find a recent article
in your community that involves a crime. In your initial post, include the
following: Provide a link to the article and a summary. State the actus reus of
the crime and the men's rea of the crime, defining the men's rea as well.
Discuss a defense that can be used as justification for the crime.
For a defendant to be
sentenced, several elements of the crime have to be demonstrated before a court
of law. These include; actus reus, men's rea, and the coexistence of the two. In
favor of the defendant, defenses can be used to alleviate punishments issued to
them.According to Jackson's report in the global news (2022), a man aged twenty-six
years has been apprehended for a carjacking offense in Toronto. An elderly
woman had just pulled up her car at a designated parking lot; two men walked toward
her as she opened her door. A gun was pointed at her as she was ordered to
alight from the vehicle. One of the robbers kicked her leg as she beeped the
vehicle's horn. However, the men managed to flee from the scene using an escape
car close by. A search was conducted, leading to the arrest of one of the men.
The clothing and weapons used for the robbery were also seized. Several charges
have been pressed against the suspect. From this crime, the various elements
can be identified. For instance, the pointing of a gun towards the victim is
the actus reus, while the men’s rea was that they purposed to commit the crime.
This is established by seizing ammunitions showing that the robbery was
planned. The case can be changed into a grand theft auto as a defense for the
defendant since it attracts less jail time. Moreover, in the absence of
witnesses and visible injuries on the victim, consent of the car owner defense
can be applied. Therefore, the availability of evidence plays a crucial part in
determining the defenses to be employed.