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Critically evaluate the meaning of the term
Member rating: No Rating | Words: | Submitted: Mon Aug 11 2003
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Q: Critically evaluate the meaning of the term "Recklessness" to describe an aspect of Mens Rea (Guilty Mind) and explain how it is currently applied to offences in the English Law System. A: In everyday language, Recklessness means to take an unjustified risk. However, its legal definition is not quite the same. To find out the meaning of Recklessness, careful direction is to be given to the jury. There are tow types of Recklessness, which were named after the cases they were defined in: R v Cunningham (1957), which is the Subjective version of Recklessness and MPC v Caldwell (1982), which is the Objective version of Recklessness. The dictionary meaning of reckless is to be careless, thoughtless, incautious, heedless, unheeding, regardless, daredevil, madcap, wild, irresponsible, unwise, indiscreet, mindless or negligent. Recklessness is a form of Mens Rea (Guilty Mind). Mens Rea is the Latin for 'guilty mind' and traditionally refers...
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