Legal Problem Essay Example | Topics and Well Written Essays - 750 words

Legal Problem - Essay ExampleHow would your answer differ if- (a) Arnold submitted that he knew the travel plan so well that in his view he had eliminated as much risk as possible by his actions? (b) you were informed that Arnold was employed by cracking Northern Railways and that he had worked an 80 hour shift that week?(1) A person who without lawful excuse destroys or damages any property belong to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.The shade that has been destroyed by Bhopindars action constitutes certain amount of criminal liability on his part, as his action includes the elements of recklessness. The English Law has classified into two parts, namely, Subjective Recklessness and Objective Recklessness. Recklessness is also referred to as Intention Acts, which is often depict in ratified terminology as extreme carelessness regarding an obvious de fect or problem. (Stewart, Warner, Portman, 2008, p. 228) Now such acts of extreme carelessness, according to jurisprudential rational, incorporates planion of an individual to commit such act and such element of intentional commission of reckless act are specified in legal terminology as mens rea. Paul Bergman, Sara J. Berman, Sara J. Berman-Barrett explains mens rea as, Mens rea is Latin for guilty mind. The mens rea concept expresses a belief that people should be punished only when they have acted with an intent or purpose that makes them morally blameworthy. (Bergman, Berman, Berman-Barrett, 2008, p. 253) Comparing the situation of both Bhopindar and Arnold it is not tough to understand that in Arnolds case presence of mens rea is quite plain whereas it is clear from Bhopindars action that he was almost ignorant about the possibility of happening of such