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