Johnny Juneau Case Essay Example | Topics and Well Written Essays - 1750 words

greyback Juneau Case - Essay casingTo begin with the defense of insurgent, it is important to stress the elements of a crime. Crime should constitute actus reus and mens rea or the intention and death penalty of such unlawful act. The mistake of information shall also be invoked to profess that it was never an intention of Johnny to defraud the gas station that prompted the owner to file theft charges against Johnny. The actual act of the crime is actus reus. It was derived from the regulation stated by Edward Coke that stated actus non facit reum nisi mens sit rea,which means an act does not present a person guilty unless (their) mind is also guilty. Such, the guilt of a crime requires blameworthiness and proof of fault both in intent and act. Following the principles of actus reus, criminal act is committed by doing it, omission and possession. Acting on a crime meant a bodily movement whether voluntary or involuntary to consummate the crime (Robinson v. California,370U.S.6 60, 1962). Applying this principle to Johnny, the alleged criminal charge of murder was not a product of his bodily movement. Omission pertains to the failure to act the necessary bodily movement that resulted to harm which in Johnnys case, the electrocution of his neighbor of which he was charged for being responsible of the neighbors death. ... For the act to be exempted from voluntary act that would constitute the culpability of actus reus, exemption falls under the next elements 1. A reflex or convulsion 2. A bodily movement during unconsciousness or quietness 3. Conduct during hypnosis or resulting from hypnotic suggestion 4. A bodily movement that otherwise is not a product of the effort or the determination of the actor, either conscious or habitual. Mens rea as a office of crime on the other hand is the intent, process or planning to commit the crime. It is the deliberative persuasion of committing a crime which in Johnnys case must be satisfied to do the electrocution of his neighbor as murder. To illustrate actus reus and mens rea, we would be compelled to cite an example to differentiate these two concepts. preparation to kill or rob as a mens rea is not a crime until it acted upon (mens rea). These two concepts when relate together constitute a crime that often leads to conviction. a. Defense on murder charge The death through electrocution of Johnnys neighbor was never intentional. In no circumstance did Johnny demonstrate intent, deliberation or any motivation to inflict harm or death to the neighbor. In fact, Johnny was even grateful for borrowing the ladder. In fact, Johnny Juneau himself could fork up been killed by the fatal incident because he was still using the ladder on his way down when it touched an uninsulated quit of the gas stores sign that made it electrified. There was no way Johnny could have known that would happen. Yet, he is still charged with murder on the ground that his behavior led to the electrocution of his neigh bor that falls on the ground of omission of actus