RESPONSE TO CO-STUDENT
I agree with your points on actus rea and mens rea and that both are important and necessary. Further, I agree that mental acceptance is a part of proceeding to a crime if there is intent and deliberacy. Consequently, the known knowledge is accepted that the act is considered criminal.
An act does not summarily address the need to be established nor does it determine the cause or reason for an action. Mental mindsets must be initiated to proceed to an act of criminality but without the physical carrying forth of the act it is naught but thought without intent or deliberacy.
All phases of crime are intentional but there are no levels of unintentionality because these defies mens rea as an aspect and defeat intention and deliberacy as aspects also.
Go to the FindLaw Website located at http://www.findlaw.com or use the Internet to research "Three Strikes" sentencing laws. Next, based on the textbook and your research, analyze the importance of “Three Strike” sentencing laws as they relate to a career criminal engaging in more complex criminal activities as a means of completing his or her identity. Support your response with one example of such case.
I agree that the “Three Strikes” is effective but it is being debated that the types of crimes are too harsh. Therefore, under contestation is how to approach a situational scenario that would viciously take away a person’s entire life for petty thievery.
As a deterrant it is effective but it has hidden costs to a populace that attributes these judgments to a minority populace who is structurally discriminated by racism, bigotry, condensation and hidden and overt mirth.
Thank you.
Felicia
RESPONSE TO CO-STUDENT
The law of the United States punishes only culpable behavior and thus the legal principles of mens rea (i.e., guilty mind) and actus rea (i.e., the forbidden act or omission) form the basis of a criminal prosecution. Compare and contrast these two (2) concepts then specify whether the concurrent occurrence of these elements is more beneficial to the prosecution or the defense. Justify your response.
I agree with your summation of actus rea and how it pertains to the physical act of committing a crime or how it is active in stages of criminality. Further, actus rea is also used when the prosecution is pursuing a case to be prosecuted. Also, it is important but the act of deliberacy and intent is also a complementary aspect that must be proven in further support to make the case stick.
As far as mens rea the mental mindset helps culminate the crime along with the actus rea and mens rea is relevant to any type of crime but has a fidelity and base in other crimes. But does not overly apply to criminal negligence because it is absent of criminal intent.
Lastly, I agree that actus reas and mens rea are concurrent running mates and help the prosecutor when criminal liability is being determined.
Go to the FindLaw Website located at http://www.findlaw.com or use the Internet to research "Three Strikes" sentencing laws. Next, based on the textbook and your research, analyze the importance of “Three Strike” sentencing laws as they relate to a career criminal engaging in more complex criminal activities as a means of completing his or her identity. Support your response with one example of such case.
I agree with your estimation of “Three Strikes” as an offender the label becomes adhinged when they serve prison time and acquire the stigma. Once the “stigma” is attached the crime against the populace and country is a daunting and intimidating shackle that cannot be gotten rid of. Convicted and freed felons are not looked as beneficial and contributing citizens they are overlooked and considered a “living blight”.
Therefore, the issue becomes survival due to lack of opportunity and not due to the actual imprisonment that is supposed to rehabilitate those who have been incarcerated. Consequently, recidivism kicks in due to the futility of their existence and inability to acquire a chance to change. Without a chance they merge as you stated and move further and further into more sophisticated crimes that are easier and more lucrative and allow elusiveness.
Thank you.
Felicia
"Who’s at Fault"
The law of the United States punishes only culpable behavior and thus the legal principles of mens rea (i.e., guilty mind) and actus rea (i.e., the forbidden act or omission) form the basis of a criminal prosecution. Compare and contrast these two (2) concepts then specify whether the concurrent occurrence of these elements is more beneficial to the prosecution or the defense. Justify your response.
The mens rea and actus rea is based upon the principle stated by Edward Coke and interpreted to mean “an act does not make a person guilty unless (their) mind is also guilty” therefore the act is a known act that the behavior is criminal and against the legal structuralization of laws. Consequently, the act can be an involvement of the self in an act that leads to criminal consequences or conduct that has severe consequences and is reflective of criminal intent that leads to cumulation or a manner of a result of crime.
Therefore, in comparison actus rea requires conduct to be voluntary and not coerced whereas mens rea is more a mental element but without a psychological bent to be prepared to do an act of criminality. Further as pertaining to crimes which include conduct and mental mindsets that allow permissiveness in acts against norms and societal legal inhibitions these two principles act as a complement and a cohesive to compel and put the act in motion to enjoy the fruition of the act.
When there is correspondence and parallelism in thought and act to commit an act of criminality then the actuality of the crime is apparent and allow the prosecution of the suspect or culprit. Therefore, the concurrency is necessary and beneficial to prosecute the culprit(s) for the criminal liability he or she has done.
In the case of defense, if an act has just the mens rea as a factor the prosecution has no case. The active mind can think of criminal acts but without the culmination of the act it is nothing. But with both the mens rea and actus rea the crime if proved is more or less a guarantee of a legal accountability that can be prosecuted.
Go to the FindLaw Website located at http://www.findlaw.com or use the Internet to research "Three Strikes" sentencing laws. Next, based on the textbook and your research, analyze the importance of “Three Strike” sentencing laws as they relate to a career criminal engaging in more complex criminal activities as a means of completing his or her identity. Support your response with one example of such case.
In regard to the three strikes sentencing laws as pertaining to a career criminal engaging in more complex criminal activities as a means of establishing and completing his or her identity. The compelling nature of recidivism is at its most competitive because a name on the street means value, merit and worth. The more crimes done is seen as jobs which equals who you are on the street and the three strikes even though seen as a threat does not deter but is considered even if the risks are high.
For Example,
Ronald Herra, was convicted in the early seventies for rape of a mother and daughter. From the act of rape, he escalated his notoriety to armed robbery and the shooting of a policeman on the street he became the one who plugged a “pig” (policeman). He became “in” in the crime scene with a name and as a hombre who did not take “shit” and gave back.
Usually, when an altercation occurs with the law and you survive you gain a reputation that cannot be bought. It has to be earned from the floor up…no one gives you nothing on the street. Therefore, the level of being “it” is there even if only temporary…it is a euphoric high and encourager to indulge in additional criminal activity.
Lastly, the three strikes law may seem harsh but it is a compelling note in criminal activity but so is the reputation when they have nothing but this avenue to live and survive. As long as pain is felt and is good they will continue to try to make it any way they can.
Thank you.
Felicia
'Three Strikes' Sentencing Laws. (n.d.). Retrieved July 20, 2017, from http://criminal.findlaw.com/criminal-procedure/three-strikes-sentencing-laws.html
The Supreme Court's. (n.d.). Retrieved July 20, 2017, from http://supreme.findlaw.com/legal-commentary/the-supreme-courts-three-strikes-opinion-another-strike-for-federalism.html
Sentencing Repeat Offenders, FindLaw. (n.d.). Retrieved from http://supreme.findlaw.com/legal-commentary/sentencing-repeat-offenders.html
Actus reus - Wikipedia. (n.d.). Retrieved July 20, 2017, from https://en.wikipedia.org/wiki/Actus_reus
Mens rea - Wikipedia. (n.d.). Retrieved July 20, 2017, from https://en.wikipedia.org/wiki/Mens_reahttps://en.wikipedia.org/wiki/Mens_rea
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