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Unit 3- M2

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This assignment covers M2 for unit 3 of BTEC Law. Aspects of liability. 100% authentic and has been written by me. The quality of work is excellent and has achieved D*

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Unit 3- M2
Alex Omidvar

Unit 3 – M2 - Analyze the elements of crime (Mini-plan)

Introduction

This assignment endeavoured to explain and analyse the elements of crime with many case
laws and scenarios imbedded. Furthermore, the difference between the concepts of law and
morality as well as the distinction between a civil action and a criminal offence were illustrated.
The elements of crime can be understood by their Actus reus and Mens rea as by discovering
these, it would be much easier to decide whether the defendant is guilty or not.

.

As it is shown in the statistics, only 45% of the
majority of criminal cases are effective. Crown
courts only deal with 1% of all criminal cases but
only 52% of the cases were effective.




Elements of a crime

Differences between criminal offence and civil action

A civil action mostly refers to a dispute between two individuals or parties whereas a criminal offence is
when someone violates the law and there is a punishment for it. Similar to the criminal offense, the civil
actions also have punishments mostly in forms of money. For instance, if a bank carelessly reports
incorrect credit information about some costumers, they can be fined for each violation. However, such
an offense is not classed as a dispute but the damages are not too serious and their action could have
been unintentional. In contrast, rape is intentional and the damages are far too serious therefore it
classes as a criminal offense. Furthermore, most criminal cases tend to allow for trial by jury by right
whereas civil cases are usually decided by a judge alone. It is also crucial to consider that decisions that
are made for criminal cases are on grounds of proving beyond reasonable doubt whereas for civil cases,
balance of probabilities is considered.

Differences between legal and moral rules

In order to distinguish the differences between legal and moral rules, we must first understand what
they are. Moral rules are rules people follow because they believe they simply believe they are right. In

Connected book
 image
Gideon Boas, James L. Bischoff International Criminal Law Practitioner Library
Publisher: januari 2009 ISBN: 9780521878302 Edition: Unknown

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