Four Criminal Law Questions Research Paper Example | Topics and Well Written Essays - 250 words

Four Criminal Law Questions - Research Paper Example Thinking about stealing a purse is not enough. One must think about it (men rea) and actually steal the purse (actus reus) for there to be a crime. Constructive possession: where an individual has actual control over property. He may not necessarily have actual ownership or possession of the same assets. A person with constructive control is equated as having the same legal position as a person with actual possession. For example, a person may own a car, and have actual possession of it, but a person who is let the keys and drives the car has constructive possession of the car. Actual possession: is actual control or ownership of an item or piece of property. In the example above, one has actual possession of a car if it is owned by him. He may give constructive possession away to others who may borrow the car, but still maintain actual possession. Mere possession: is the possession of property without ownership of said property. It is the simple physical possession of an item, and does not infer rightful ownership or actual control over the item. No knowledge of the item’s existance is necessary. It is used in child pornography cases many times, as mere possession of such pornography, regardless if one looked at it or maintained control over it, is enough. Actual knowledge of the item in ones possession or area of control is not needed. Knowing possession: possession of materials with actual knowledge that the item is in one’s control. A higher level of possession than mere possession. Used often in dangerous weapons cases, where possession must be knowing; if one didn’t actually know there was an illegal item in his control, mere possession is not enough. Criminal omission: Omission, or the failure to act, constitutes an actus reus (guilty act) when the law imposes a duty to act, and the defendant breaches that duty. Some may have a medical, contractual duty to act, and