Elements of a Crime

Justice System defines what crimes are

Those definitions are called elements…what must be proved (shown) in order to convict someone of committing a crime

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4 Elements

1. A prohibited ACT (or failure to act)(Actus Reus)

2. An INTENT (Mens Rea)

Can be hardest to prove/ demonstrate

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4 Elements

3. CONCURRENCE of act and intent (must be linked)

4. Causation (the harm/ result must be caused by the act)

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THE ACT

Must be an action- otherwise just thinking about doing harm to another would be criminalized

(sometimes failure to act can be enough as well)

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CONCURRENCE

A link between the intent and the act

(thinking about it on Monday, accident on Wednesday)

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CAUSATION

Result must be caused by the act

(think about the hypo with moving a mirror)

But/for cause v. ‘proximate’ cause’ (latter = reasonably foreseeable)

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INTENT (Mens Rea)

4 Different kinds, depending upon the crime:

A. Specific Intent

B.General Intent

C.Criminal Negligence

D.Strict Liability© 2011 Cengage Learning

A. SPECIFIC INTENT

You INTENDED the RESULT

-intent to kill for murder- might be 1st or 2d degree depending upon other factors)

-intended to steal

-intended to assault

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B. GENERAL INTENT

Where you knew the result would happen OR disregarded the extreme likelihood it would occur

-shooting a gun into a crowd (no specific intent to kill, but if someone dies…SECOND DEGREE murder

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C. CRIMINAL NEGLIGENCE

The act might be unintentional but show an extreme lack of care

-drag racing

-drunk driving

NO intent to kill……(manslaughter)

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D. STRICT LIABILITY

No intent/ mental state required at all.

-traffic offenses

-statutory rape

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