Criminal Law Term Paper Sample

Question 1: Defenses

The answer provides two kinds of defenses. The first kind of defense illustrated is the mental disorder defense. No individual is criminally responsible or liable for the activities which are committed by individuals who experience mental challenges or disorders. Individuals with mental disorders are incapable of understanding the quality and nature of activities, omissions and also understanding the issues that are wrong. The accused who have mental disorders do not always qualify for free release; however they can be subjected to conditional release and also detention, until such a period that he does not pose serious threat to the society. Mental disorder of the accused is usually subject to approval by a recognized medical practitioner. Every accused person is presumed as mentally sound to sound trial; thus, the issue instability issues must be proven beyond reasonable doubt. Mental disorder is explained as the disease of mind. The disease of the mind is a legal question that must be adequately defined by the courts. The criteria for defining the legal question entail the medical evidence and also the policy questions. When determining mental issues, several factors must be adequately illustrated. The factors are; internal causes, psychiatric history, risk and threats to public, and finally the recurrence probability.
The second defense kind is the entrapment defense. The accused must adequately explain that he/she was trapped into engaging in activities that is considered unlawful. R v Ewanchuk (1999) case illustrates an entrapment defense. Ewanchuk explains that he viewed sex with the plaintiff as consensual, only to later be sued for sexual assault. The defense team thus illustrate that Ewanchuk was trapped to believe the sexual act was consensual.

Question 2: Charter Issues

Lawful arrest entails legal custody of accused based on a warrant or through probable cause. Probable cause illustrates the belief entailing crime commission, and also arrest demanded through civil process. Lawful arrest has several key elements. These elements are; oath administration, determination of probable cause, issuance of warrant of arrest, and detainment. Detention by police has time limit, and it depend on the nature of crime. Over speeding crimes attract limited detention that lasts when checking driving papers and issuance of speeding tickets. Right to counsel illustrates that the defendant has right to legal representation. The government is also required to cater for legal representation of suspects who cannot afford legal services. Right to remain silent illustrates right recognized by the law. The accused has the right of refusing to comment when questioned during legal proceedings. Search and seizer entails procedures applied by criminal and civil laws. The law enforcement agencies conduct search on the properties of the accused to collect evidence.

Question3: Sexual Assault Elements

Mens rea is applicable to criminal law as a key element. It illustrates adequate proof of the elements beyond reasonable doubt. Thus, the accused must illustrate a guilty mind state. Mens rea illustrates that the offender must be of sound mind during the trial process. During sexual assault mens rea should effectively illustrate that the accused was of sound mind, so as to face criminal trial. Actus rea illustrates the objective element in relation to the crime under investigation or trial. The legal concept illustrates the guilty act. If proved adequately, beyond reasonable doubt it results into criminal liability, and thus the accused is held accountable for his actions. The common law jurisdictions apply actus rea in the criminal law. Thus, sexual assault is subjected to actus rea. R v Ewanchuk (1999) illustrates the decision by the Supreme Court of Canada involving the defense on the sexual assault charges. The court explained that no defense is acceptable due to implied consent. This decision overturned the earlier decision by the Court of Appeal. Ewanchuk mistakenly believed that the complainant consented in her mind.