Thursday, February 20, 2020

Criminal Conduct and Criminal Law Essay Example | Topics and Well Written Essays - 1000 words - 1

Criminal Conduct and Criminal Law - Essay Example The consideration of mens rea is important because it separates those crimes that were committed willfully, and those acts that were accidental. The willful element shows that the person desired the outcome and should be responsible, or the outcome so desired. The lack of the willful element may mean that the outcome was desired and was not even planned for. It is only fair not to punish someone for an act they did by mistake, and they did not even desire the outcome. However, at times, the law has to go a step further and see whether the outcome was foreseeable, or if the person performing the act was so negligent in acting that he could not even consider the occurrence of the act. If a person pulls a trigger of a loaded gun to check whether the gun is working, he will be responsible for the murder or injury that is occasioned if the bullet hits somebody. It is only fair that people be held criminally liable for criminal acts that occur due to negligence on their part even if they did not have the requisite mens rea. From the above analysis, it is noted that there is no clear answer on whether a person is criminally liable or not considering the lack of mens rea. Each case is to be in light of the prevailing circumstances (Herring, 2013). Legislative immunity is immunity that is accorded to legislators in parliament in the process of passing laws. Legislative immunity applies to actions that the legislators may do, or words said in the process of formulating legislation. Legislative immunity is important because it accords the legislators protection from being sued for libel arising out of words spoken in Parliament. However, it is to be noted that this immunity is not absolute and can be removed by the courts on application by an interested party. The parliament can also remove the immunity through amending the law, although this will not act retrogressively. Legislative immunity is meant to ensure freedom of speech during

Tuesday, February 4, 2020

The Politically Incorrect Guide to Islam by Robert Spencer Essay

The Politically Incorrect Guide to Islam by Robert Spencer - Essay Example Robert Spencer shakes things in an equally controversial book The Politically incorrect Guide to Islam. This book obliterates simplistic, politically correct opinions about the Islam religion. It compares, word by word, the teachings between Muhammad and the teachings of Buddhism, Christianity and other religions. He sent her away until the child was born. When the woman came back after several months, he took the child and gave it to a friend as a gift while he ordered the woman to be stoned to death. This book covers a lot of ground with the study of Muhammad, the development of Quran, the spread of Islam religion, and Islam’s early wars hence the culmination of the Crusades. The book is introduced as an examination of some specific tendentious contentions about Islam religion and the Crusades that have been a source of current debates. Spencer provides readers an extensive exploration about Islam that cannot be taught in school or that may not be exposed in the media; in so doing he paints religion in a broadly negative light. The general notion that Islam is a peaceful religion that has been hijacked by small minority of extremists is the beginning of all PC myths surrounding Islam. To back his claims, he quotes several Western Historical figures such as John Quincy, Alexis de Tocqueville and Winston Churchill who have been vocal in criticizing Islam. The book criticizes Islam as both oppressive and militant and gives a historical account of the crusades based on the argument that they were a late response of European civilization to the centuries of occupation and invasion which started in the 8thC in Italy, France, the Iberian Peninsula, Sicily and major parts of Eastern Europe. Spencer argues that the civilization clash between the West and Islam in the 21stC was as a result of a continuation of a 14thC long jihad which commenced at the inception of Islam. The book also offers discussions about the difficulties of treating this topic in a ever dis integrated current political environment. The fact is the book has both the bright and not-so bright sides. On the bright side, Spencer denies many myths penetrated by the PC crowd: that mainly states that Islam and Christianity are for the greater part been equivalent traditions, that crusaders were selfish land-hungry colonizers, that Jihadists were benign sweetie-pies and many other controversies. Honestly, I do agree with his bruising of Ridley Scott’s Kingdom of Heaven film which depicts a sentimentally liberal Islam during crusades periods. On the other side of the Spence’s book, he gives several myths that need correction. These include: Christianity is essentially begin and Islam nasty The crusades were defensive conflicts We should be grateful for crusades These three points as expressed by Spenser are myths and ironical in nature. 1) Myth one: Christianity is essentially begin and Islam nasty The book â€Å"The Politically incorrect Guide to Islam† is full of â€Å"Jesus vs. Muhammad† punctuations, whereby several teachings of Jesus are compared and contrasted with the intolerant and militant teachings of Prophet Muhammad. Taking for instance page 35: Jesus teachings was â€Å"blessed are the persecuted† and it is contrasted with Prophet Muhammad’s authority to kill persecutors claiming that â€Å"persecution is worse than slaughter† (Qur'an 2:191). Again in page 143, Spencer describes Jesus’ teachings and deeds to be merciful to enemies as compared to Muhammad’s command to ruthless to unbelievers but merciful to fellow Muslims. The mention of Islam develops a feeling of fear on the part of many non-Muslims because of what they have been told or heard about the Muslims. In my opinion, it is pointless to list