Criminal Liability Essay Example | Topics and Well Written Essays - 2000 words

Criminal Liability - Essay Example This left the roof in a dangerous position that collapsed killing Serena. Adam can be held criminally liable for the death of Serena. His act of stealing lead connects the link of causation that led to the death of Serena. Criminal negligence represents men's rea. However, the men's rea in this situation is replaced by the recklessness of Adam. The test used to determine recklessness is the standard of behaviour expected of the defendant in such circumstances. A reasonable person in such circumstances would not have committed the act that Adam did and therefore he can be considered to have the men's rea required to find him criminally liable. The test here applies to willful negligence in gross negligence that another person would find it reckless. In criminal law, there must be an actus reus and men’s rea. The actus reus of the defendant was stealing the lead that led to the roof collapsing. Criminal negligence looks at the culpability and recklessness that causes the interme diate seriousness of the resulting actions of a defendant. Adam was reckless in his actions since he exposed other members of the church to damage. This means that he was willful in running the risk. The courts in such a case will apply the test of a reasonable person to analyze his culpability in such a case. This test of culpability and men's rea is an assessment by the courts to establish whether the defendant had the foresight of the consequences of his actions. It applies three elements in these tests.