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Latest Criminal Defense Articles

Is the Law on Recklessness Too Harsh?

What is recklessness? - Recklessness is the taking of an unjustified risk; a person could be reckless as to a consequence occurring or to the actual circumstance. However, not all risk-taking is unreasonable; circumstances may exist which justify taking a risk.

What is the Difference Between Assault and Battery?

Assault and battery are both constituents of trespass to the person, which protects the claimant against interference with his or her person. However these acts need to be carried out intentionally, by direct and immediate actions and are actionable per se, meaning no proof of damage is necessary. To the lay citizen these torts are perhaps better recognised as criminal offences and the defendant will normally face criminal rather than civil charges for such actions.

When Does Murder Become Manslaughter?

Murder is the unlawful homicide committed with 'malice aforethought.' The penalty for murder is life imprisonment. The above mentioned 'malice aforethought' is what is called the mens rea in law, this meaning the mental element and conduct required to commit a crime.

Do You Know What to Do If You're Arrested?

It is very difficult to think clearly following a police arrest. It is common for you to be scared about varying factors such as social stigmas, personal implications, financial penalties, legal issues and the impact of the arrest on your family.

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