Criminal law
Robbery
Scenario
After a night out with your significant other you are walking back to your vehicle when a man jumps out of a dark alley and demands your purse. He says if you do not give it to him now he will kill you. Before you know it he rips the purse from your arm and runs off. This is a robbery and includes both the mens rea which is the thought the man had that you would be a good target and he was going to rob you, and the actus reas or actual physical act of the crime.
Arson
The state of Georgia arson is a crime that is charged in the first degree when “by the means of fire or explosion” a person “ knowingly damages or causes, aides, abets, advises, encourages, hires, counsels or procures another to damage a person’s property”. (www.justia.com). this property includes but is not limited to a person’s home, vehicle, boat etc. The actus reas for arson would be the actual physical act of lighting the fire or causing the explosion that would damage another person’s property and or even your own property in some cases that can go as far as to lead into another crime, insurance fraud. The mens rea would include any thought or intention to commit this crime. Arson is considered by the NIBRS to be a crime against property.
Scenario
Consider that you are angry with your neighbor and have ongoing disputes over many things. One day your neighbor decides he or she is going to light your house on fire so you will not be there any longer. Your neighbor is guilty of committing arson. They have completed the first element of the crime or the mens rea when they decide to light your house on fire as a solution to your disputes, and the other element of this crime is committed when your neighbor actually physically lights your home on fire this element is the actus reas.
Kidnapping
Kidnapping in the state of Georgia is defined as “when a person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will” (www.kidnapping.uslegal.com). When a person decides or considers kidnapping a person that would constitute as the mens rea for kidnapping and the actual physical action kidnapping or abduction would be the actus reas of this crime. According to the NIBRS kidnapping is considered a crime against person.
Scenario
You are babysitting a toddler and put him to bed as evening approaches. As you sit downstairs doing homework you hear a loud clatter from upstairs in what sounds like the babies room. You run upstairs to find the window open and the baby has vanished. The crib is knocked over and there is no explanation in sight. After contacting the parents and police a ransom call is received by the person who took the child. The person who took the child is guilty of the crime of kidnapping. The mens rea was when this person decided that they would carry out the kidnapping of the small child and hold a ransom. The actus rea came into play when the person broke into the home and took the sleeping baby holding this baby without any lawful authority to do so.
Should different crimes receive different punishments?
These crimes all have one common thing and that is that they all require both elements of actus reas and mens rea to constitute the criminal act. However they are different crimes and require different punishments. For example in each of these fictional scenarios there are different degrees of impact on the victim. The person who had his home burned deserves compensation for the damages as well as the neighbor to be charged with the crime and given a sentence that fits this crime. The person who stole the purse should be responsible for all of the compensation for this crime. There are many different crimes and they all have different levels and degrees of punishments which are considered fair or in conjunction with the crime committed. This doesn’t even begin to take into account if the person found guilty is a long time offender or someone who committed there first crime, or the persons age, cooperation, plea bargain, etc. So I do believe each of these crimes deserves a different punishment after all things are considered.
What makes these crimes different and similar?
Two of these crimes are crimes against person so they have that in common and one is a crime against property. However different a punishment these crimes may bring they all share two things in common and that is they all include the two elements that make them a crime the actus reas and mens rea, and they are all crimes that cause severe damage to the other party. This damage can be physical and mental and may even be long lasting.
References
- www.fbi.gov/about-us/cjis/ucr/nibrs/2011/resources/crimes-against-persons-property-and-society
- www.law.cornell.edu/wex/actus_reus
- www.pagepate.com/experience/criminal-defense/georgia-crimes/georgia-robbery-burglary
- www.law.justia.com/codes/georgia/2010/title-16/chapter-7/article-3/16-7-60
- www.kidnapping.uslegal.com/state-kidnapping-abduction-laws/georgia-kidnappingabduction-laws/
- www.criminal.lawyers.com/criminal-law-basics/punishment-of-crime.html
