Podcasts about Mens rea

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Best podcasts about Mens rea

Latest podcast episodes about Mens rea

Law School
Criminal Law & Procedure – Lecture 1 (of 4) (Part 2): Substantive Criminal Law—Crimes and Elements

Law School

Play Episode Listen Later Feb 4, 2025 26:45


This lecture covers the core principles of criminal law, focusing on the elements of a crime, crimes against persons and property, and inchoate offenses. Elements of a Crime: Actus Reus is the physical component of a crime, requiring a voluntary act or a legal duty to act. Involuntary acts do not satisfy actus reus. A failure to act can be criminal if there's a legal duty, such as by statute, contract, special relationship, voluntary assumption of care, or creation of peril. Mens Rea refers to the mental state of the defendant, categorized by the Model Penal Code as purpose (intent), knowledge, recklessness, and negligence. Purpose is a conscious objective to engage in prohibited conduct. Knowledge means awareness that conduct will cause a specific result. Recklessness is a conscious disregard of a substantial and unjustifiable risk. Negligence is the failure to be aware of a substantial and unjustifiable risk. Causation must be established for crimes that require a specific result. Actual cause is when the harm would not have occurred "but for" the defendant's actions, while proximate cause means the defendant is legally responsible for foreseeable consequences. Crimes Against the Person: Homicide is the unlawful killing of a human being. Common Law Murder requires malice aforethought, including intent to kill, intent to inflict serious bodily harm, depraved heart disregard for human life, or felony murder. First-degree murder involves premeditation, while second-degree murder includes intentional but unpremeditated killings or deaths caused by an extreme disregard for life. Manslaughter includes voluntary manslaughter, a killing mitigated by adequate provocation, and involuntary manslaughter, an unintentional killing resulting from criminal negligence or during a non-dangerous unlawful act. Crimes Against Property: Larceny is the trespassory taking and carrying away of another's tangible personal property with intent to permanently deprive. Robbery is larceny committed with force or threat of force. Burglary is the breaking and entering of a structure with the intent to commit a crime inside. Arson is the malicious burning of a building. Inchoate Offenses and Accomplice Liability: Attempt is taking a substantial step toward committing a crime with the intent to complete it. Solicitation is intentionally encouraging another to commit a crime with the intent that the crime be committed. Conspiracy is an agreement between two or more persons to commit a crime, plus an overt act in furtherance of the agreement. Accomplice liability extends criminal responsibility to those who aid or encourage the commission of a crime. This lecture serves as an introduction to substantive criminal law, which will be followed by a discussion of defenses to crimes and criminal procedure.

Zone 7 with Sheryl McCollum
12.13.24 CRU with Nancy Grace: The Mangione Case | A Heated Debate on Vigilante Justice

Zone 7 with Sheryl McCollum

Play Episode Listen Later Dec 13, 2024 35:07 Transcription Available


Today Nancy Grace and Sheryl McCollum discuss the latest on the Luigi Mangione case. They explain the legal nuances of the charges against him, the premeditation and intent behind his actions, and the implications of his crimes on victims and society. Nancy and Sheryl also examine broader issues, such as the public's controversial support of Mangione, the legal distinctions between murder charges, and the growing concern over ghost guns. Show Notes: (0:00) Welcome! Nancy and Sheryl introduce this week’s crime roundup (0:10) Sheryl introduces the updates on the Luigi Mangione case (1:00) Public reaction and outrage (3:00) Legal breakdown of murder 1 vs. murder 2 (8:00) Human trafficking and poaching routes (9:30) Evidence and investigation details (14:00) Connection to past infamous cases (17:00) Family impact and emotional toll (23:30) Ghost guns and legal implications (30:00) Personal reflections and closing thoughts --- Nancy Grace is an outspoken, tireless advocate for victims’ rights and one of television's most respected legal analysts. Nancy Grace had a perfect conviction record during her decade as a prosecutor. She is the founder and publisher of CrimeOnline.com, a crime- fighting digital platform that investigates breaking crime news, spreads awareness of missing people and shines a light on cold cases. In addition, Crime Stories with Nancy Grace, a daily show hosted by Grace, airs on SIRIUS XM’s Triumph Channel 111 and is downloadable as a podcast on all audio platforms - https://www.crimeonline.com/ Connect with Nancy: X: @nancygrace Instagram: @thenancygrace Facebook: @nancygrace Sheryl “Mac” McCollum is an Emmy Award winning CSI, a writer for CrimeOnLine, Forensic and Crime Scene Expert for Crime Stories with Nancy Grace, and a CSI for a metro Atlanta Police Department. She is the co-author of the textbook., Cold Case: Pathways to Justice. Connect with Sheryl: Email: coldcase2004@gmail.com X: @ColdCaseTips Facebook: @sheryl.mccollum See omnystudio.com/listener for privacy information.

Law School
Introduction to Mens Rea: Criminal Liability

Law School

Play Episode Listen Later Sep 25, 2024 27:05


Mens rea refers to the mental state of a defendant during the commission of a crime and is central to determining criminal liability. It helps differentiate between various levels of culpability, such as intent, knowledge, recklessness, and negligence. These mental states form a hierarchy that plays a key role in distinguishing between crimes like specific intent crimes (e.g., first-degree murder), general intent crimes (e.g., battery), and strict liability offenses (e.g., statutory rape). Key legal cases, such as Regina v. Cunningham, R v. G, and United States v. Jewell, have shaped the understanding of these mental states, while mens rea also impacts criminal defenses, including mistake of fact, intoxication, and insanity. It further influences the grading of crimes, especially in offenses like homicide and theft, where the intent can differentiate between degrees of the crime. The Model Penal Code (MPC) standardizes mens rea, offering clear categories that enhance legal analysis. Theoretical and practical implications of mens rea affect plea negotiations, sentencing, and defense strategies, making it a cornerstone of criminal law education and practice. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

RuffRydrz-RADIO
HEARD IT THRU THE GRAPE-VINE --- TRUMP BE DOIN' CRIME!"

RuffRydrz-RADIO

Play Episode Listen Later Sep 1, 2024 4:00


TRUMP ---> . "DOES" CRIME ---> . LIKE PEOPLE ---> . "BREATHE"  

Immigration Review
Ep. 219 - Precedential Decisions from 7/1/2024 - 7/7/2024 (car jacking; crime of violence - physical force & mens rea; climate refugees; 212(c) relief; Wilkinson review; mixed motive, nexus, Christians & gangs; adjustment of status in district cou

Immigration Review

Play Episode Listen Later Jul 8, 2024 45:26


Gutierrez v. Garland, Nos., 22-554, 21-130 (9th Cir. July 2, 2024)carjacking in violation of Cal. Pen. Code § 215(a); aggravated felony crime of violence; crime involving moral turpitude; statute silent on mens rea; Borden; California robbery;  res judicata  Cruz Galicia v. Garland, No. 23-1910 (1st Cir. July 1, 2024)climate refugees; particular social group; review by three member panel; Guatemala  Williams v. Garland, No. 20-2074 (1st Cir. July 2, 2024)former INA § 212(c) relief; ignoring testimony; departure from regular BIA practice; sexual abuse of a minor and discretion Garcia Carrera v. Garland, No. 22-6319 (2d Cir. July 3, 2024) non-LPR cancellation of removal; hardship considered cumulatively; Wilkinson Rivera, et al. v. Garland, No. 23-2351 (8th Cir. July 5, 2024)nexus; mixed-motive religion standard favorable to noncitizens; evangelical Christian; preaching to gang members; Chicas-Machado; temporary BIA members and Attorney General authority; MS-13; El Salvador Hatchet v. Andrade, et al., No. 23-5920 (8th Cir. July 3, 2024)jurisdiction; Patel; adjustment of status; USCIS review; INA § 242(a)(2)(B)Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER & CREDITSSee Eps. 1-200Support the Show.

Immigration Review
Ep. 218 - Precedential Decisions from 6/24/2024 - 6/30/2024 (Chevron agency deference; discretionary determination review; nexus; Jehovah's Witnesses; religion; aggravated felony: sexual abuse of a minor & relating to obstruction of justice; mens rea

Immigration Review

Play Episode Listen Later Jul 1, 2024 44:35


Guardian article on HondurasLoper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024)deference to agencies; APA; Chevron; star decisis  Santiago Lopez v. Garland, No. 23-2081 (7th Cir. June 24, 2024)non-LPR cancellation of removal; Wilkinson; discretionary determination; procedural vs. substantive challenge; timelines of deficient NTA challenge  Manzano v. Garland, No. 22-704 (9th Cir. June 25, 2024)nexus; Jehovah's Witnesses; religion; one central reason; extortion-plus; 18th Street Gang; El Salvador Leon Perez v. Garland, No. 23-204 (9th Cir. June 28, 2024)attempted lewdness with a child under the age of 14 in violation of Nev. Rev. Stat. §§ 193.330, 201.230(2); sexual abuse of a minor and attempt aggravated felony; Medina-Villa; Esquivel-Quintana; 18 Pa. Cons. Stat. Ann. § 2702(a) (third circuit) Cordero-Garcia v. Garland, No. 19-72779 (9th Cir. June 27, 2024)aggravated felony relating to obstruction of justice; INA § 101(a)(43)(S); Cal. Penal Code § 136.1(b)(1); Pugin; mens rea and related statutes; specific intent; relating toSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER & CREDITSSee Eps. 1-200Support the Show.

Journey of a Fearless Female's podcast
Jessie DaSilva, The Witch's Way to Wealth

Journey of a Fearless Female's podcast

Play Episode Listen Later Jun 24, 2024 56:22


My guest, Jessie DaSilva, has been working with entrepreneurs and professionals for half a decade. She has coached hundreds to more satisfying careers and much higher pay, often doubling their salaries in 3 to 6 months. Her unique approach to business and job hunting earned her the nickname 'The Millennial Money Witch' from Forbes. She is the author of the money mindset book, 'The Witch's Way to Wealth,' and loves helping passionate professionals create their dream careers and businesses. As much as she loves coaching, speaking, and writing, she cherishes her fiancé, three younger siblings, and cat, Mens Rea. Today, she travels the country speaking to thousands of professionals at conferences, conventions, and other workshop-style events. But secretly, she wants to teach divination at Hogwarts. You can find Jessie on Facebook, Instagram @j_dasilva, TikTok @millenialmoneywitch, and Threads @j_dasilva. Check out her website jessicadasilva.com and I highly recommend you read her book, "The Witch's Way to Wealth"!! It is available on Amazon, Barnes & Noble, Target, and bookshop.org. Paola's Links

Law School
Chapter One: Introduction to Criminal Law

Law School

Play Episode Listen Later Jun 21, 2024 40:06


Summary of Chapter One: Introduction to Criminal Law. Chapter One provides a foundational overview of criminal law, explaining its purpose, sources, and key concepts. Here's a summary of the essential points covered in this chapter: Overview of Criminal Law. Criminal law is a critical component of the legal system that defines behaviors prohibited by law and prescribes punishments for those who engage in these behaviors. It serves to maintain public order, protect individuals, and deliver justice. Criminal law differs from civil law, which deals with disputes between individuals or organizations, focusing instead on offenses against society as a whole. Sources of Criminal Law. Criminal law in the United States is derived from multiple sources: Statutory Law: The primary source of criminal law, consisting of statutes enacted by federal, state, and local legislatures. These laws precisely define what constitutes criminal behavior and specify the penalties for these acts. Federal statutes address crimes that affect national interests, while state and local statutes cover a broad range of offenses within their respective jurisdictions. Common Law: Historically significant and still influential, common law is developed through judicial decisions and precedents rather than written statutes. It provides interpretive principles and fills in gaps where statutes may be silent or ambiguous. Common law is based on centuries of legal traditions and judicial rulings. Constitutional Law: Fundamental rights and protections in criminal law are enshrined in the U.S. Constitution and state constitutions. Key amendments, such as the Fourth, Fifth, Sixth, and Eighth Amendments, provide protections against unreasonable searches, ensure due process, and guarantee the right to a fair trial, among others. Administrative Law: Encompasses rules and regulations created by governmental agencies to enforce statutory mandates. Violations of these regulations can lead to criminal charges, particularly in areas like public health, safety, and environmental standards. Model Penal Code (MPC): Although not binding, the MPC serves as a guideline for drafting and revising criminal statutes. Developed by the American Law Institute, it aims to standardize and modernize criminal law across states, providing clear definitions and rational principles for criminal liability. Key Concepts and Definitions. Crime: Defined as an act or omission that violates a law prohibiting or commanding it, with a prescribed punishment. Crimes are classified based on their severity into felonies (serious offenses like murder), misdemeanors (less severe offenses like petty theft), and infractions (minor violations like parking offenses). Punishment: The legal consequence imposed on those found guilty of committing a crime. Punishments vary from fines and community service to imprisonment and the death penalty, each serving different purposes like deterrence, retribution, incapacitation, and rehabilitation. Prosecution and Defense: The prosecution represents the government, aiming to prove the defendant's guilt, while the defense seeks to protect the defendant's rights and challenge the prosecution's case. Both parties play critical roles in the adversarial system, ensuring a fair trial and just outcomes. Beyond a Reasonable Doubt: The highest standard of proof required in criminal trials. To convict a defendant, the evidence must be so convincing that there is no reasonable doubt in the minds of the judge or jury about the defendant's guilt. Mens Rea and Actus Reus: These are the two essential elements of a crime. "Mens rea" refers to the guilty mind or intent, while "actus reus" refers to the guilty act or conduct. Both must usually be present simultaneously for a crime to occur. Defenses: Legal arguments that justify, excuse, or otherwise exonerate the defendant from criminal liability. Defenses can include justifications like self-defense or excuses like insanity, which negate criminal --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Law School
Criminal Law and Procedure: An Overview

Law School

Play Episode Listen Later Jun 6, 2024 13:45


Criminal Law and Procedure: An Overview I. Introduction Criminal Law and Procedure encompass the rules and statutes that define criminal acts and regulate the process by which the criminal justice system enforces the law. Understanding the basics of Criminal Law and Procedure is essential for any legal professional. This outline covers the fundamental principles, key components, and procedural aspects. II. Substantive Criminal Law General Principles Definition of Crime: An act or omission that violates a law prohibiting it, for which a punishment is prescribed by the state. Elements of a Crime: Actus Reus (the guilty act), Mens Rea (the guilty mind), Causation, and Concurrence. Classifications of Crimes: Felonies, misdemeanors, and infractions. Elements of a Crime Actus Reus: The physical act or unlawful omission. Mens Rea: The mental state or intent to commit the crime (e.g., intentional, knowing, reckless, negligent). Causation: Linking the act to the harm caused. Concurrence: The coexistence of actus reus and mens rea. Types of Crimes Crimes Against Persons: Homicide (murder, manslaughter), assault, battery, kidnapping, rape. Crimes Against Property: Theft, burglary, robbery, arson, vandalism. Inchoate Crimes: Attempt, conspiracy, solicitation. Crimes Against Public Order: Riot, disorderly conduct, public intoxication. Defenses to Criminal Liability Justifications: Self-defense, defense of others, defense of property, necessity. Excuses: Insanity, duress, entrapment, infancy. Procedural Defenses: Double jeopardy, statute of limitations. III. Criminal Procedure Constitutional Protections Fourth Amendment: Protection against unreasonable searches and seizures; requirements for warrants. Fifth Amendment: Protection against self-incrimination; double jeopardy clause; due process. Sixth Amendment: Right to a speedy and public trial, impartial jury, notice of accusation, confrontation of witnesses, compulsory process for obtaining witnesses, right to counsel. Eighth Amendment: Protection against excessive bail, fines, and cruel and unusual punishment. The Criminal Process Investigation and Arrest Search and Seizure: Warrants, exceptions (e.g., exigent circumstances, consent, plain view). Arrest Procedures: Probable cause, arrest warrants, Miranda warnings. Pre-Trial Procedures Initial Appearance: Charges are read, bail is set. Preliminary Hearing/Grand Jury: Determination of probable cause. Arraignment: Defendant enters a plea. Discovery: Exchange of evidence between prosecution and defense. Motions: Suppress evidence, dismiss charges, change of venue. Trial Jury Selection: Voir dire process. Opening Statements: Prosecution and defense outline their cases. Presentation of Evidence: Witnesses, cross-examination, physical evidence. Closing Arguments: Summarization and persuasive argumentation. Jury Instructions: Judge provides legal standards to the jury. Verdict: Jury deliberation and decision. Post-Trial Sentencing: Imposition of punishment based on statutory guidelines. Appeals: Review of trial court procedures and legal rulings. Post-Conviction Remedies: Habeas corpus, motions for a new trial. IV. Encouragement and Motivation Studying Criminal Law and Procedure can be challenging, but remember that your hard work and dedication will pay off. Every case you study and every principle you master brings you closer to becoming a competent and confident legal professional. Keep pushing forward, stay curious, and trust in your ability to learn and grow. The knowledge you gain here will not only help you pass the bar exam but also serve as the foundation for a meaningful career in law. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

The Australian Law Student Podcast

Join host Nick on today's episode of LawIn4. As a law student himself, he and his team embark on an exploration of a critical concept: Mens Rea. Key knowledge that every law student must understand. The Law In 4 Podcast is your go-to podcast for law school study help in 4 minutes or less. If you'd like to see a topic covered contact us via our website for your suggestions. For more information on the Australian Law student, visit our website at ⁠⁠⁠⁠⁠⁠theauslawstudent.com⁠⁠⁠⁠⁠⁠ Disclaimer: The Lawin4 is produced by law students, for law students. It is not, nor is it intended to constitute legal advice. If you require legal assistance, you should contact your local law society, who can direct you appropriately.

Driving Law
Episode 341: Dangerous Driving and Mens Rea

Driving Law

Play Episode Listen Later May 10, 2024 26:53


On this episode Kyla and Paul look at the difficulty of establishing mens rea and dangerous driving. They also make their playoff predictions. Stick around for a special outro by Paul Doroshenko! https://www.youtube.com/watch?v=ObZmTGfIyfA Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer

Hawk Droppings
Trump Criminal Trial Preview

Hawk Droppings

Play Episode Listen Later Apr 13, 2024 46:33


Hawk covers the upcoming criminal trial of former President Donald Trump, which is set to begin on Monday April 15, 2024 in Manhattan. Trump is facing 34 felony counts of falsifying business records related to hush money payments made to Stormy Daniels and Karen McDougal during the 2016 presidential campaign.The charges stem from a complex timeline of events involving Trump, his former lawyer Michael Cohen, and the publisher of the National Enquirer, David Pecker. In 2015-2016, Pecker agreed to help Trump's campaign by "catching and killing" any stories about Trump's alleged affairs. Cohen then facilitated the $130,000 payment to Stormy Daniels and the $150,000 payment to Karen McDougal to prevent them from going public before the 2016 election. After the election, Trump reimbursed Cohen through a series of fraudulent payments disguised as legal fees.Hawk explains the process of how documents and witness testimony will be introduced as evidence in the trial. He also discusses the importance of the jury selection process, as the defense is expected to use both peremptory challenges and challenges for cause to try to stack the jury in Trump's favor. Hawk predicts the jury selection alone could take 2-3 weeks, with the full trial potentially lasting 4-6 weeks.Finally, Hawk notes that given the unique nature of this case involving a former president, the judge has been careful to balance firmness on trial dates with giving the defense ample opportunity to make their case. Hawk plans to provide frequent updates and analysis as the high-profile trial unfolds in the coming months.Click links below to read the Indictment and Statement of Facts:Indictment: https://manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdfStatement of Facts: https://manhattanda.org/wp-content/uploads/2023/04/2023-04-04-SOF.pdf SUPPORT & CONNECT WITH HAWK- Support on Patreon: https://www.patreon.com/mdg650hawk- Support Hawk's Merch Store: https://hawkmerchstore.com- Connect on TikTok: https://www.tiktok.com/@mdg650hawk7thacct- Connect on YouTube: https://www.youtube.com/@hawkpodcasts ALL HAWK PODCASTS INFO- Additional Podcasts Available Here: https://www.hawkpodcasts.com- Listen to Hawk Droppings On Your Favorite Platform:Spotify: https://spoti.fi/3RWeJfyApple Podcasts: https://apple.co/422GDuLYouTube: https://youtube.com/@hawkpodcastsiHeartRadio: https://ihr.fm/47vVBdPPandora: https://bit.ly/48COaTBSimplecast: https://hawk-droppings.simplecast.com- Hawk Droppings RSS Feed: https://feeds.simplecast.com/pPVtxSNJ

Immigration Review
Ep. 198 - Precedential Decisions from 2/5/2024 - 2/11/2024 (I-751; joint filing; U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; assault resulting in serious bodily injury; crime of violence; mens rea; presumption of indivisibility)

Immigration Review

Play Episode Listen Later Feb 12, 2024 25:35


Matter of Bernardo, 28 I&N Dec. 781 (BIA 2024)I-751; joint filing; allegation of marriage fraud; properly filed; duress and coercion  Patel v. Jaddou, No. 24-0026 (6th Cir. Feb. 9, 2024)U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; APA; private right of action against federal officials United States v. Devereaux, No. 22-1203 (10th Cir. Feb. 6, 2024)assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(a)(6); crime of violence; mens rea divisibility; presumption of indivisibility; general intent; BordenSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: stafi2024Get Started! Promo Code: FREEWant to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Law School
Mastering the Bar Exam: Criminal Law - Parties to Crime (Episode Three)

Law School

Play Episode Listen Later Jan 5, 2024 6:56


1. Principal Actors: Principals and Accomplices. In criminal law, parties to a crime are classified based on their level of involvement in the commission of the crime. This classification is important because it determines the extent of each party's criminal liability. Principals. Definition and Role: A principal is the primary actor in the commission of a crime, the person who actually performs the act constituting the offense. Principals are often the most directly involved and are usually present at the scene of the crime. Types of Principals: Traditionally, principals are categorized into first and second degree. The first degree includes those who actually perform the criminal act, while the second degree encompasses those who aid, command, or encourage the principal and are present during the crime. Liability of Principals: Principals are fully liable for the crimes they commit. Their intent and actions are directly scrutinized in determining their guilt. Accomplices. Definition and Role: Accomplices are individuals who assist in the commission of a crime but are not the primary actors. They might provide help, encouragement, or support to the principal. Liability of Accomplices: Accomplices are usually liable to the same extent as the principal. This means they face the same charges and penalties as the person who actually commits the crime, as long as it can be proven that they had the intent to assist and did indeed assist in the crime. Mens Rea of Accomplices: An accomplice must have the requisite mens rea, or guilty mind, to be criminally liable. They must intentionally aid or encourage the principal in the commission of the crime. Actus Reus of Accomplices: The actus reus, or guilty act, for an accomplice, is their action in aiding, abetting, or facilitating the crime. This could include providing tools, planning the crime, or helping to hide evidence. 2. Accessory After the Fact. Definition and Role: An accessory after the fact is a person who assists the principal or an accomplice after the crime has been committed. Their assistance usually involves helping the principal or accomplice escape arrest, trial, or conviction. Liability of Accessory After the Fact: The liability of an accessory after the fact is generally less than that of the principal or accomplice. This is because their involvement does not directly contribute to the commission of the crime but rather assists after the fact. Elements of Being an Accessory After the Fact: The essential elements include knowledge that a crime has been committed and some act of assistance or support to the principal or accomplice with the intent to hinder or prevent their arrest, trial, or punishment. 3. Inchoate Offenses: Attempt, Conspiracy, and Solicitation. Inchoate offenses are crimes that involve taking steps toward committing a crime but not completing the crime itself. These are critical in criminal law as they aim to prevent crimes before they occur. Attempt. Definition and Elements: An attempt to commit a crime involves a person taking substantial steps towards committing a crime but failing to complete it. The key elements are intent to commit the crime and taking a direct, ineffectual act towards its completion. Legal Tests for Attempt: Courts use various tests to determine whether an individual's actions constitute an attempt. These include the proximity test (how close the person came to completing the crime), the unequivocality test (whether the person's actions unequivocally demonstrate the intent to commit the crime), and the substantial step test (whether the actions taken are substantial steps towards committing the crime). Conspiracy. Definition and Elements: Conspiracy involves an agreement between two or more persons to commit a crime. The essential elements are an agreement to commit the crime and an intent to enter into this agreement. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Irish History Podcast
Taking the world by storm – a history of podcasting 2/2

Irish History Podcast

Play Episode Listen Later Dec 6, 2023 34:36


In the past decade, podcasting has taken the world by storm. The advent of smartphones and the ground-breaking podcast 'Serial' would see podcasting surge in popularity.In 2020 alone over a million new shows were launched. But does it have a future? Some are not convinced.In the second and final part of my series on the history of podcasting I look at how podcasting became so popular and where it's heading. The show features Blindboy, Jennifer Forde, Sam Bungey, Brian Greene and Sinead the host of Mens Rea.The final episode of the year will be out next week when we will look at the story of the Irish In the American West. Contributors to the episode Brian Greene https://www.briangreene.com/Blindboy Podcast https://play.acast.com/s/blindboyMens Rea https://mensreapod.com/West Cork https://www.westcorkpodcast.com/Snugcast https://podcasts.apple.com/ie/podcast/snugcast/id1603925189I mentioned This is the satire podcast from the Onion I mentioned https://podcasts.apple.com/za/podcast/a-very-fatal-murder/id1333714430 Become a member at https://plus.acast.com/s/irishhistory. Hosted on Acast. See acast.com/privacy for more information.

Irish History Podcast
Are you in a cult? A history of podcasting part I.

Irish History Podcast

Play Episode Listen Later Nov 29, 2023 34:28


‘You might not be a revolutionary, but you are living through a revolution.' Podcasting is much older than you might imagine. A decade before the true crime show Serial took the world by storm, creators were making some of the earliest shows.  This podcast is a nostalgic trip through the early days of the internet in Ireland when podcasting emerged. Brian Greene who was making shows in the mid 2000s shares his memories of the early days of podcasting. I also interview some of your favourite hosts including Blindboy and Sinead, the host of Mens Rea.  The show also includes an ancient artefact of podcasting – an episode from the mid 2000s.  Special thanks to Brian Greene for his interview and sharing his research, Blindboy and Sinead the host of Men's Rea. Thanks to Jennifer Forde & Sam Bungey the team behind West Cork, DJ Walsh & Eoin Tabb the hosts of Snugcast. While they feature in the next episode their interviews and insights were extremely useful in shaping this series. Brian Greene https://www.briangreene.com/Blindboy Podcast https://play.acast.com/s/blindboyMens Rea https://mensreapod.com/West Cork https://www.westcorkpodcast.com/Snugcast https://podcasts.apple.com/ie/podcast/snugcast/id1603925189 Support the show Patreon https://www.patreon.com/irishpodastAcast+ https://plus.acast.com/s/irishhistory Become a member at https://plus.acast.com/s/irishhistory. Hosted on Acast. See acast.com/privacy for more information.

Law School
Criminal Law Class Session 13: Review and Bar Exam Preparation

Law School

Play Episode Listen Later Nov 10, 2023 8:12


Introduction to Criminal Law. Purpose and principles of criminal law. Purpose and principles of criminal law: This session introduces the fundamental principles of criminal law, emphasizing its role in defining and punishing wrongful conduct within society. Elements of a crime: Actus Reus and Mens Rea. Actus Reus refers to the physical act or conduct that constitutes a criminal offense. Mens Rea refers to the mental state or intent behind the criminal act. It involves the guilty mind or the intent to commit the offense. Categories of crimes: Felonies vs. Misdemeanors Felonies are serious criminal offenses that typically carry severe penalties, including imprisonment for more than one year. Misdemeanors are less serious offenses, often resulting in less severe penalties, such as a jail sentence of one year or less. Model Penal Code (MPC) vs. Common Law Approach Purpose and principles of criminal law: This session introduces the fundamental principles of criminal law, emphasizing its role in defining and punishing wrongful conduct within society. The Model Penal Code (MPC) is a modern legal framework used in some jurisdictions to codify and standardize criminal laws, making them more consistent and coherent. The Common Law Approach relies on judicial decisions and precedents to define and interpret criminal laws. Homicide. Overview of homicide as a crime. Murder: Degrees and elements. Case Study: State v Johnson - Applying degrees of murder. Overview of homicide as a crime: Homicide is the unlawful killing of another person and is considered a criminal offense. Murder: Degrees and elements: Murder involves the intentional killing of another person, with degrees (first-degree, second-degree) defining the level of intent and severity of the crime. Assault and Battery. Defining assault and battery. Distinction between assault and battery. Assault with intent vs. simple assault. Case Study: People v Ramirez - Analyzing assault charges. Defining assault and battery: Assault is the threat of physical harm, while battery is the actual physical harm caused to another person. Distinction between assault and battery: Assault involves the threat of harm, whereas battery involves the actual application of force or contact. Assault with intent vs. simple assault: Assault with intent implies an intention to harm, while simple assault lacks specific intent to harm. Theft Crimes. Types of theft crimes. Legal elements of theft crimes. Case Study: State v Smith - Analyzing theft charges Types of theft crimes: Theft crimes encompass various offenses, including larceny, embezzlement, and robbery, involving the unlawful taking of someone else's property. Legal elements of theft crimes: These elements typically include taking, intent to permanently deprive, and the lack of consent. Sexual Offenses. Legal definitions and elements of sexual offenses. Consent and consent laws. Case Study: Commonwealth v Anderson - Analyzing a sexual assault case. Legal definitions and elements of sexual offenses: These offenses involve sexual misconduct and are defined by specific elements that must be proven in court. Consent and consent laws: Consent laws govern the requirement for voluntary and informed consent in sexual activities. Defenses to Criminal Liability. Insanity defense and its rules (M'Naghten, Irresistible Impulse, Durham). Self-defense and its elements. Case Study: State v Thompson - Analyzing self-defense claim. Insanity defense and its rules (M'Naghten, Irresistible Impulse, Durham): The insanity defense is based on a defendant's mental state at the time of the offense and is assessed under various legal standards, including M'Naghten, Irresistible Impulse, and Durham rules. Self-defense and its elements: Self-defense is a defense that justifies using force to protect oneself or others and involves elements such as the reasonable belief of an imminent threat. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

The Free Will Show
Episode 63: Mens Rea with Craig Agule

The Free Will Show

Play Episode Listen Later Sep 18, 2023 24:51


In this episode, we talk with Craig Agule about some of the philosophical issues related to mens rea requirements in the law and also about the connection between mens rea and free will.Craig's website: https://craigagule.com/Twitter: https://twitter.com/thefreewillshowInstagram: https://www.instagram.com/thefreewillshow/?hl=enFacebook: https://www.facebook.com/The-Free-Will-Show-105535031200408/

Law School
Criminal Law: Class Session 1

Law School

Play Episode Listen Later Aug 18, 2023 5:50


Today marks the beginning of your journey into the intricate world of criminal law. As future legal practitioners, it's essential to grasp the foundational concepts that underpin our criminal justice system. Let's dive right in. Understanding the Purpose and Principles of Criminal Law. Criminal law serves a crucial role in society: maintaining order, protecting individuals and property, and upholding moral standards. It distinguishes between acceptable behavior and actions that warrant punishment. Criminal law seeks to balance the interests of public safety, individual rights, and justice. Remember, criminal law operates under the principle of "actus reus non facit reum nisi mens sit rea," meaning "an act does not make a person guilty unless there is a guilty mind." This brings us to our next point. Elements of a Crime: Actus Reus and Mens Rea. Any criminal offense consists of two main components: actus reus (the guilty act) and mens rea (the guilty mind). Actus reus refers to the physical action or omission that constitutes the crime. It's essential to establish that the defendant committed a voluntary act or failed to act when legally required. Mens rea, on the other hand, refers to the mental state of the defendant when committing the act. It ranges from intentional wrongdoing to negligence. Different crimes require different levels of mens rea, which we'll explore in depth throughout this course. For instance, consider the crime of murder. The actus reus involves causing the death of another person, while the mens rea might range from intent to kill (purposefully causing death) to recklessness (knowingly taking actions that could lead to death). --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

RuffRydrz-RADIO
TRUMP ACTED WITH 'CORRUPT INTENT' TO COMMIT CRIMES!!!

RuffRydrz-RADIO

Play Episode Listen Later Aug 16, 2023 7:00


TRUMP ---  . ACTED WITH --- . 'CORRUPT-INTENT' --- . TO ---  . COMMIT --- CRIMES!  

Law and Legitimacy
Lebron & Education, Trump & Mens Rea, College Football Realignments (August 3, 2023)

Law and Legitimacy

Play Episode Listen Later Aug 3, 2023 38:53


Law and Legitimacy is live at 8:00 am eastern with Norm Pattis & Michael Boyer to discuss: . › Lebron's School Performance & Primary Education in America . › Trump Indictment: How Will ‘Mens Rea' Impact His Defense? . › Collegiate Conference Realignment: Media Markets at War for Streaming Revenues . Join us. . For the rest of the year, creators will receive 100 percent of the revenue from the purchase of monthly subscription badges, which Rumble recently launched for the price of $5 per month. Please consider purchasing a subscription badge to LAL and be assured that LAL will receive every penny of that subscription through the end of the year. Your consideration and patronage is most sincerely appreciated! . Daily livestreams beginning at 8:00 am EST on: › Rumble: https://rumble.com/user/LawandLegitimacy › Youtube: https://www.youtube.com/@lawandlegitimacy › X: https://twitter.com/LawPodDaily . Subscribe and turn on notifications! . Support Law and Legitimacy: . - Locals: https://lawandlegitimacy.locals.com/ - X: @LawPodDaily, @PattisNorm, and @MichaelBoyer_ - Subscribe on Apple Podcasts, Google Play, Audible, Spotify, or wherever you receive podcasts and rate LAL 5 stars. - Subscribe here on our Rumble and Youtube channels, give us a Rumble, and join our active community of free-thinkers, contrarians, and the unafraid on Locals!  

Law and Legitimacy
Lebron & Education, Trump & Mens Rea, College Football Realignments (August 3, 2023)

Law and Legitimacy

Play Episode Listen Later Aug 3, 2023 38:53


Law and Legitimacy is live at 8:00 am eastern with Norm Pattis & Michael Boyer to discuss: . › Lebron's School Performance & Primary Education in America . › Trump Indictment: How Will ‘Mens Rea' Impact His Defense? . › Collegiate Conference Realignment: Media Markets at War for Streaming Revenues . Join us. . For the rest of the year, creators will receive 100 percent of the revenue from the purchase of monthly subscription badges, which Rumble recently launched for the price of $5 per month. Please consider purchasing a subscription badge to LAL and be assured that LAL will receive every penny of that subscription through the end of the year. Your consideration and patronage is most sincerely appreciated! . Daily livestreams beginning at 8:00 am EST on: › Rumble: https://rumble.com/user/LawandLegitimacy › Youtube: https://www.youtube.com/@lawandlegitimacy › X: https://twitter.com/LawPodDaily . Subscribe and turn on notifications! . Support Law and Legitimacy: . - Locals: https://lawandlegitimacy.locals.com/ - X: @LawPodDaily, @PattisNorm, and @MichaelBoyer_ - Subscribe on Apple Podcasts, Google Play, Audible, Spotify, or wherever you receive podcasts and rate LAL 5 stars. - Subscribe here on our Rumble and Youtube channels, give us a Rumble, and join our active community of free-thinkers, contrarians, and the unafraid on Locals!  

Left of Greg Podcast
#213: What is a threat?

Left of Greg Podcast

Play Episode Listen Later Jun 13, 2023 65:04


Today we are talking about a recent supreme court case involving a man who was convicted of stalking and making true threats against a woman. Our discussion for today revolves around the question “what defines a true threat?”For this discussion we bring up a number of legal and behavior related issues including perception, Mens Rea, the subjectiveness of our experiences, intent, mental health, the 1st amendment and most importantly… is something considered a threat based on the intent of the persons statement or is it based on the effect the statement has on a reasonable person?Please don't forget to follow us on social media, you can find the links in the episode details and if you enjoyed the podcast, please tell your friends about it. Thanks for tuning in and we hope you enjoy the show!Episode Links:News Article: https://apple.news/A_T-oh7OQThC1YTdZLI4qRwSCOTUS Arguments: https://www.oyez.org/cases/2022/22-138Taylor Swift technology: https://www.theguardian.com/technology/2019/feb/15/how-taylor-swift-showed-us-the-scary-future-of-facial-recognitionSupport the showWebsite: www.leftofgreg.comFacebook: https://www.facebook.com/LeftOfGregInstagram: https://www.instagram.com/the_left_of_greg_podcast/ Patreon: https://www.patreon.com/LeftOfGreg More about Greg and Brian: https://arcadiacognerati.com/arcadia-cognerati-leadership-team/

Reading Responsa
Shut. Zekan Aharon 2:145: Mesirah and Mens Rea (2023-02-01)

Reading Responsa

Play Episode Listen Later Mar 21, 2023 44:47


Immigration Review
Ep. 148 - Precedential Decisions from 2/21/2023 - 2/27/2023 (drug trafficking aggravated felony; divisibility; elements vs. means; controlled substance list; extreme recklessness; mens rea; crime of violence)

Immigration Review

Play Episode Listen Later Feb 27, 2023 17:19


Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017) drug trafficking aggravated felony; INA § 101(a)(43)(B); categorical approach; divisibility; NYPL § 220.31; controlled substance list; NYPL § 220.00(5); criminal sentence; double jeopardy; jury instructions as last resort; "specify" USA v. Brasby, No. 21-1537 (3d Cir. Feb. 23, 2023) N.J. Stat. Ann. § 2C:12-1(b)(1); extreme recklessness; crime of violence; Borden; mens rea divisibility in New Jersey; multidistrict analysis *Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostMore episodesCase notesTop 15 immigration podcast in the U.S.Recent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

KMOX At Your Service
Is there evidence of mens rea in the January 6th attack?

KMOX At Your Service

Play Episode Listen Later Dec 23, 2022 15:02


This is a segment from At Your Service with Brad Young. Brad discusses the January 6th attack on the US Capitol and how Donald Trump can only be held criminally responsible if evidence arises of his intent to overthrow the government.

Immigration Review
Ep. 129 - Precedential Decisions from 10/10/2022 - 10/16/2022 (en banc; deficient NTA; venue; stay of removal; adjustment of status; discretion; mens rea; aggravated felony theft offense; permissive inference by a jury; realistic probability test)

Immigration Review

Play Episode Listen Later Oct 17, 2022 27:54


Singh v. Garland, No. 20-70050 (9th Cir. Oct. 12, 2022)en banc challenge; in absentia motion to reopen; deficient NTA; statutory interpretation; Rodriguez; Laparra Sarr v. Garland, No. 20-3836 (2d Cir. Oct. 12, 2022)venue; jurisdiction; stay of removal; INA § 242(b)(2) Moreno v. Garland, No. 21-1237 (1st Cir. Oct. 14, 2022)adjustment of status; INA § 245(a); discretion; motion to remand; new evidence; jurisdiction  Baghdad v. Att'y Gen. U.S., No. 21-2094 (3d Cir. Oct. 11, 2022)mens rea; mental state; aggravated felony theft offense; retail theft under 18 Pa. Cons. Stat. § 3929(a)(1); permissive inference by a jury; 18 Pa. Cons. Stat. § 3929(c); use of the word “shall”; realistic probability test*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwise"Modern immigration software & case management"Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your host!More episodes!Case notes!Top 15 immigration podcast in the U.S.!Featured in San Diego Voyager!DISCLAIMER:Immigration Review® is a podcast made available for educational purposes only. It does not provide legal advice. Rather, it offers general information and insights from publicly available immigration cases. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the host. The podcast should not be used as a substitute for competent legal advice from a licensed attorney in your state.MUSIC CREDITS:"Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod - Licensed under Creative Commons: By Attribution 4.0 Support the show

Law Schoolers
64: Criminal Law. Introduction to Mens Rea

Law Schoolers

Play Episode Listen Later Sep 8, 2022 7:09


CrimeConversations
CrimeCon UK 2022 Live: Mens Rea & Friends

CrimeConversations

Play Episode Listen Later Aug 9, 2022 44:49


In this live podcast record, Mens Rea host Sinead goes behind the mic with her true crime podcasting friends! Thank you to Bob from Twisted Britain; Sarah from Stop the Killing, Conning the Con, Klooghless; and Gemma from Whats Up Doc?! Hosted on Acast. See acast.com/privacy for more information.

Digital Forensics In Real Life
Ep. 09 Mens Rea: The Murder of Dorothy Hall

Digital Forensics In Real Life

Play Episode Listen Later Jul 28, 2022 41:39


Larry McClain is back by popular demand. You may remember Larry from our first ever episode of DFIRL “Murder in St. Louis - The Remarkable Case of Pam Hupp”. Today, he's here to discuss his work on another tragic case, the murder of Dorothy Hall by her ex-boyfriend, Terry Culberson. What is interesting about this story is how well it demonstrates one of the biggest strengths that digital evidence has over other kinds of evidence; the ability to show what's in a criminal's mind. Whether a crime was intentional or accidental has a big impact on sentencing in our justice system, and Larry's investigation shows how well digital devices can help us understand a perpetrator's guilty mind.  

youarewithinthenorms
THE OPIOID WARS: JEFF SINGER MD., “LAW ENFORCEMENT CONTINUES TO MEDDLE IN PAIN MANAGEMENT;” UNDERSTANDING RUAN-KHAN “MENS REA,”

youarewithinthenorms

Play Episode Listen Later Jul 15, 2022 6:51


This episode is also available as a blog post: https://youarewithinthenorms.com/2022/07/15/the-opioid-wars-jeff-singer-md-law-enforcement-continues-to-meddle-in-pain-management-understanding-ruan-khan-mens-rea/ --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/norman-j-clement/support

Mens Rea:  A true crime podcast
Announcement + Bonus: Behind the Mic with Mens Rea

Mens Rea: A true crime podcast

Play Episode Listen Later Jul 8, 2022 47:21 Very Popular


An update on the show for the summer followed by a live session from CrimeCon London 2022 where Sinead goes behind the mic with her true crime podcasting friends!

Twisted Britain
Episode 70 - Behind the Mic at CrimeCon Uk

Twisted Britain

Play Episode Listen Later Jun 16, 2022 48:45


This week its a very different episode, and i hope you like it.  This is the live session Bob took part in at CrimeCon, Hosted by the wonderful Sinead from Mens Rea, Bob is joined by Sarah from Conning the Con and Gemma from Whats up Doc  Sadly due to circumstances outwith our control Ali and Bob didnt get to record thier live podcast but we will be back next week with a new Twisted Britain  Thanks for listening 

Let’s Talk Murder with DiamondKesawn
Let's Talk: James Tinsley IV

Let’s Talk Murder with DiamondKesawn

Play Episode Listen Later Jun 13, 2022 25:30


Tune in as James Tinsley IV tells his side of the Crime! A man working and fighting to see his child leads to the accusation of a Capital Murder Massacre followed by a Trial with an outcome that makes you wonder if it was proven beyond a REASONABLE DOUBT. However, based on what he details, one question still remains... Do you agree with what they have deemed the Mens Rea??? Let's Talk Murder! Special Note from James Tinsley IV "Shout Outs and Appreciation to Strict Grind/181 Strict Grind. Gutta Goodson RO Family 181 Lit. JeFe. Ghin. Derrick. Gutta. Daddy Ked. My Daughter, London. Sister, Athena, Mahogany, Kendro. Free Larry Hooker." I Am (GDB) Sir.Roc. That's #BossMoves #NotChessMoves "Shout Out to my company Glamourous Degrees BUsiness #GDBThaLife. Free Sir.Roc." --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app

Legal Talks by Desikanoon
Role of Mens Rea in Civil Offences or Breaches

Legal Talks by Desikanoon

Play Episode Listen Later Mar 10, 2022 4:30


Today, I will talk about the case of Horticulture Experiment Station Gonikoppal, Coorg v. Regional Provident Fund Organization, 2022 SCC OnLine SC 223, wherein the Hon'ble Supreme Court examined whether mens rea is an essential element for imposing penalty for breach of civil obligations.To know more about the present post, please visit https://www.desikanoon.co.in/2022/03/role-of-mens-rea-in-civil-offences-or.htmlTelegram: https://t.me/Legal_Talks_by_DesiKanoonYouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2wApple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120Spotify: https://open.spotify.com/show/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_branch=1&nd=1Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARADAmazon Music: https://music.amazon.com/podcasts/4b89fb71-1836-414e-86f6-1116324dd7bc/Legal-Talks-by-Desikanoon Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Thank you for listening!

Mondeo Law
R v Dadson (1850)

Mondeo Law

Play Episode Listen Later Feb 7, 2022 27:45


A wooded copse, a policeman with a gun lying in wait for a repeat offender... sounds like a Scandi crime drama, but actually it's a case from Victorian England.   Also; Actus Reus and the overlap into Mens Rea. What are Assizes? What are summary and indictable offences and what exactly is a felony? And in a world exclusive, we examine the question on everyone's lips, what is an Ox Bow Lake and how are they formed? 

Immigration Review
Ep. 80 - Precedential Decisions from 11/1/2021 - 11/7/2021 (stop-time rule and deficient NTAs; continuance and right to counsel; exhaustion; asylum, nexus, and credibility; L nonimmigrant visas & executive; CIMT - constitutionality and mens rea)

Immigration Review

Play Episode Listen Later Nov 8, 2021 42:38


[2:44] Cantor v. Garland, No. 19-73085 (9th Cir. Nov. 3, 2021)motion to reopen; non-LPR cancellation of removal; stop-time rule; statutory interpretation [8:19] Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021)deficient NTA; post-conclusion voluntary departure; INA § 240B(b); Posos-Sanchez; Viera-Garcia and Ordonez-Viera; Mendoza-Hernandez and Capula-Cortes; asylum; withholding nexus standard; indigenous; gang recruitment; Guatemala  [14:14] Usubakunov v. Garland, No. 18-72974 (9th Cir. Nov. 1, 2021)continuance; due process; right to counsel; detention conditions; continuances during the holidays; asylum; Kyrgyzstan [19:56] Gomes v. Garland, No. 20-2106 (1st Cir. Nov. 3, 2021)asylum; workers' rights movements; Red Notice; exhaustion; in absentia conviction; bribes; extortion; Brazil [24:42] VHV Jewelers, LLC v. Wolf, et al., No. 20-14788 (11th Cir. Nov. 1, 2021)L-1A nonimmigrant visa; new office petition; executive; “direct”; manage a manager; APA; weighing evidence [30:50] Mashilingi v. Garland, No. 20-2169 (1st Cir. Nov. 2, 2021)credibility; totality; visa applications; authenticating foreign public documents; asylum;  Rwanda [34:55] Granados v. Garland, No. 20-2028 (4th Cir. Nov. 4, 2021)CIMT; eluding in violation of Va. Code § 46.2-817(B); constitutionality; nondelegation doctrine; willful and wanton; mens rea for CIMT; recklessness; meaning of “so as”; affirmative defense*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview *CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreview*About your host: https://www.kktplaw.com/attorney/gregg-kevin-a/*More episodes at: https://www.kktplaw.com/immigration-review-podcast/DISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show (https://www.patreon.com/immigrationreview)

Law School
Criminal Law(2022): Elements: Mens rea

Law School

Play Episode Listen Later Nov 3, 2021 16:24


Mens rea (Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, for example, "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law. Exceptions are known as strict liability crimes. Moreover, when a person intends a harm, but because of bad aim or other cause, the intent is transferred from an intended victim to an unintended victim, the case is considered to be a matter of transferred intent.: In civil law, it is usually not necessary to prove a subjective mental element to establish liability for breach of contract or tort, for example. But if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the scope of liability and the damages payable to the plaintiff. In some jurisdictions, the terms mens rea and actus reus have been replaced by alternative terminology. Levels of mens rea. Under the traditional common law, the guilt or innocence of a person relied upon whether he had committed the crime (actus reus), and whether he intended to commit the crime (mens rea). However, many modern penal codes have created levels of mens rea called modes of culpability, which depend on the surrounding elements of the crime: the conduct, the circumstances, and the result, or what the Model Penal Code calls CAR (conduct, attendant circumstances, result). The definition of a crime is thus constructed using only these elements rather than the colorful language of mens rea: Murder is the unlawful killing of a human being with malice aforethought. — 18 U.S.C. § 1111 (traditional common law). A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual. — portion of Texas Penal Code § 19·02 (modern offense element). The traditional common law definitions and the modern definitions approach the crime from different angles. In the common law approach, the definition includes: 1. actus reus: unlawful killing of a human being. 2. mens rea: malice aforethought. Modern criminal law approaches the analysis somewhat differently. Using a framework from the American Law Institute's Model Penal Code, homicide is a "results" offense in that it forbids any "purposeful" or "knowing" conduct that causes, and therefore results in the death of another human being. "Purposeful" in this sense means the actor possessed a conscious purpose or objective that the result (for example, the death of another human being) be achieved. "Knowing" means that the actor was aware or practically certain that a death would result but had no purpose or desire that it occur. Many states still adhere to older terminology, relying on the terms "intentional" to cover both types of mens rea: "purposeful" and "knowing." Thus, the actus reus and mens rea of homicide in a modern criminal statute can be considered as follows: 1. actus reus: any conduct resulting in the death of another individual. 2. mens rea: purposeful intent or knowledge that the conduct would result in the death. In the modern approach, attendant circumstances sometimes replace traditional concepts of mens rea, indicating the level of culpability as well as other circumstances. For example, the crime of theft of government property would include as an attendant circumstance that the property belong to the government, instead of requiring that the accused have actual awareness that the property belongs to the government --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Law School
Tort law (2022): Intentional torts: Transferred intent (or transferred mens rea, or transferred malice)

Law School

Play Episode Listen Later Nov 1, 2021 6:57


Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible. To be held legally responsible, a court typically must demonstrate that the perpetrator had criminal intent, that is, that they knew or should have known that another would be harmed by their actions and wanted this harm to occur. For example, if a murderer intends to kill John, but accidentally kills George instead, the intent is transferred from John to George, and the killer is held to have had criminal intent. Transferred intent also applies to tort law. In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which results in the completion of any of the five tortious acts will be considered an intentional act, even if the actual target of the tort is one other than the intended target of the original tort. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Legal Talks by Desikanoon
Supreme Court on 'Mens Rea' and its Importance in Criminal Jurisprudence

Legal Talks by Desikanoon

Play Episode Listen Later Oct 20, 2021 7:45


Today, I will talk about the case of Bharath Booshan Aggarwal v. State of Kerala, 2021 SCC OnLine 881, wherein the Hon'ble Supreme Court discussed the importance of mens rea in establishing the guilt of an accused.To know more about it, please visit https://www.desikanoon.co.in/2021/10/supreme-court-on-mens-rea-and-its.htmlTelegram: https://t.me/Legal_Talks_by_DesiKanoonYouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2wApple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120Spotify: https://open.spotify.com/show/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_branch=1&nd=1Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARADAmazon Music: https://music.amazon.com/podcasts/4b89fb71-1836-414e-86f6-1116324dd7bc/Legal-Talks-by-Desikanoon Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Thank you for listening!

Twisted Britain
Live at Crimecon Part deux!

Twisted Britain

Play Episode Listen Later Oct 13, 2021 46:14


So this week on Twisted Britain we bring you the second of our LIVE recording of Twisted Britain from CrimeCon UK, in this special live recording we had the absolute joy of being joined by the wonderful Sinead from Mens Rea, and the always impressive Dr Sohom Das, from the youtube channel a Psych for sore minds.  its an honor to have been joined by such amazing guests  This was recoreded in front of a live audience so its noisy but we had a great time doing it and we hope you enjoy

Inside Sources with Boyd Matheson
How One Family's Story Shows the Need for Criminal Justice Reform

Inside Sources with Boyd Matheson

Play Episode Listen Later May 25, 2021 7:33


Boyd continues the conversation with Senator Lee by breaking down the story of a father and son who were unfairly arrested after breaking a law they didn't know was on the books. Boyd argues that their story shows the need for criminal justice reform.  See omnystudio.com/listener for privacy information.

What is Wrong with People?
Episode 01 Bartholomew and Keane Families - Australia WIWWP True Crime Podcast

What is Wrong with People?

Play Episode Listen Later Mar 31, 2021 45:03 Transcription Available


Clifford Bartholomew, a 40 year old family man, went on a killing rampage in the quiet rural setting of Hope Forest, South Australia.His 10 victims were all family members, making him Australia's worst family mass murderer.Clifford murdered his wife; his sister-in-law; his 7 children, ranging in age from 4-19 years; and finally, he remembered his 18 month old nephew who slept through the horror. He walked up the hallway to his cot and shot him at point blank range, a dummy in his mouth and his face down in the pillow.All this was carried out with a .22 single shot rifle. That meant, Clifford had to shoot, empty, reload every time, giving him plenty of time to stop.Clifford would only be charged with his wife's murder. A murder conviction was a mandatory death sentence at the time. So how did Clifford get out of jail in only 7.5 years?  Let me tell you…For episode sources, images related to the episode or to connect with us, visit www.whatiswrongwithpeoplepodcast.com Like the Facebook Page What is Wrong with People? Podcast Follow us on Instagram https://www.instagram.com/whatiswrongwithpeople_podcast/ I am a big time Podcast binger. Some that I've loved, or I'm listening to:·      Casefile·      Small Town Dicks·      Court Junkie·      Canadian True Crime·      Mens Rea·      Evidence Locker·      Australian True Crime·      Small Town Murder·      What Makes a Killer·      I Catch Killers·      This is Actually Happening·      True Crime Island

What is Wrong with People?
Episode 03 Lesley Potter - Wales WIWWP True Crime Podcast

What is Wrong with People?

Play Episode Listen Later Mar 31, 2021 31:59


Sixty-six year old Lesley Potter was enjoying life in The Mumbles, Wales. She had been married for 26 years, had three children, five grandchildren and a sixth on the way. She enjoyed catching up with friends for drinks at the pub and playing games. So why was she found hanging naked from a beam in her home?For episode sources, images related to the episode or to connect with us, visit www.whatiswrongwithpeoplepodcast.com Like the Facebook Page What is Wrong with People? Podcast Follow us on Instagram https://www.instagram.com/whatiswrongwithpeople_podcast/ I am a big time Podcast binger. Some that I've loved, or I'm listening to:·      Casefile·      Small Town Dicks·      Court Junkie·      Canadian True Crime·      Mens Rea·      Evidence Locker·      Australian True Crime·      Small Town Murder·      What Makes a Killer·      I Catch Killers·      This is Actually Happening·      True Crime Island

What is Wrong with People?
Episode 02 Rosa Elena Hernandez - The United States of America WIWWP True Crime Podcast

What is Wrong with People?

Play Episode Listen Later Mar 31, 2021 49:59


63 year old, Rosa Elena Hernandez was enjoying the five block walk back to her home. She had enjoyed lunch with a friend, and she looked forward to stretching out her legs. Rosa noticed a man dressed in black coming toward her. She knew most of the people in the neighbourhood but wasn't necessarily alarmed by the stranger. She had walked these streets for four decades. As the two crossed paths, the stranger erupted into a frenzy, savagely attacking Rosa. Rosa would have no chance to avoid the threat she didn't even know existed. She would have no way to protect herself.Let me tell you how the perpetrator became a victim that night too…For episode sources, images related to the episode or to connect with us, visit www.whatiswrongwithpeoplepodcast.com Like the Facebook Page What is Wrong with People? Podcast Follow us on Instagram https://www.instagram.com/whatiswrongwithpeople_podcast/ I am a big time Podcast binger. Some that I've loved, or I'm listening to:·      Casefile·      Small Town Dicks·      Court Junkie·      Canadian True Crime·      Mens Rea·      Evidence Locker·      Australian True Crime·      Small Town Murder·      What Makes a Killer·      I Catch Killers·      This is Actually Happening·      True Crime Island

Daily Remedy
Mens rea in Healthcare

Daily Remedy

Play Episode Listen Later Mar 16, 2021 16:52


Complexity, healthcare, and healthcare law - three seemingly disparate concepts tied together by the complexity that defines each one of them. We explore how the concept of complexity can help improve our understanding of the interaction between healthcare and healthcare law.

Murder Was The Case
#185. Homicide Headlines 2020, Part 4: Men's Folly, Mens Rea (Dive Bar) w/ Robert Hoshowsky

Murder Was The Case

Play Episode Listen Later Jan 27, 2021 42:18


The trial of Toronto's killer incel, Alek Minassian, leads Lee and Robert into some controversial terrain involving autism and criminal culpability, the developmental roots of violent incel ideology, and the state of masculinity in 2020. 40% off CBD products at BostonGreenHealth.com Promo Code: Case20 Learn more about your ad choices. Visit megaphone.fm/adchoices

The Bar Review Podcast

It's raining mens.... rea

The End Time Tribune
CCT013 The Mens Rea of Insurrection: The Fallen Intent

The End Time Tribune

Play Episode Listen Later Nov 18, 2018 68:00


According to the Scripture iTunes Google Play Spreaker YouTube Twitter Facebook Stitcher iHeart

The Law Simplified

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