Criminal Law Coursework Example | Topics and Well Written Essays - 2500 words

Criminal Law - Coursework Examplef heedless mens rea as well as evaluate Herrings viewpoint with regard to, whether the current aliment in law are satisfactory in as far as reckless mens rea is concerned.Legally, rashness implies the taking unwarranted jeopardize. The term has brought about numerous debates with regard to the best test to determine it. In course of development of criminal law two main tests have been introduced subjective and objective tests.R v Cunningham 1957 2 QB 396 formed the base of testing recklessness. The case introduced subjective test. This means that the defendants ability to gauge the risk at hand is questioned as well as the actual consummation taken that result in the risk. In this regard, Cunningham recklessness seeks to find out whether the soul was in a position to expect the risk involved but then went ahead with actions despite the ability to forebode risks1.The subjective test was carried out in many other cases but was reviewed under the M.P.C v Caldwell 1982 AC 341. This case introduced the objective test which introduced the notion of, Failure of the defendant to take notice of a risk that was obvious and one which any reason subject person should have seen2.Introduction of Caldwell recklessness brought squabbles since it conflicted with Cunningham recklessness. It eventually rancid out that both tests had weakness. The problem of subjective test is that it is based on the accused individuals perception with regard to the matter at hand. The prosecution is thus tasked with proving that the accused person was able to foresee the risk but went ahead to engage in the act. However, it is not easy to prove a persons state of mind. This test meant that whenever an accused person could prove inability to foresee the risk, acquittal was the totally option.On the other hand, Objective (Caldwell recklessness) was also unfair because it led to convictions of many accused persons who, genuinely, were not able to foresee any risk. This aspect was