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Ingredients of Crime
Transcript of Ingredients of Crime
In the event that the perpetrator does not know how the crime occurred or was not in their own mental and physical state of mind during the crime, they cannot be at fault of said crime.
Ingredients of Crime
Mauricio Muniz Jr.
1. Act Requirement
2. Legality Requirement
3. Harm Requirement
4. Mens Rea Requirement
5. Causation Requirement
6. Concurrence Requirement
7. Punishment Requirement
In order for an act to be deemed a crime one must be fully aware of his or her actions as well as have the right state of mind.
Did you commit a crime?
Crime: Any human conduct that violates a criminal law and is subject to punishment.
Because the act requirement solely focuses on the perpetrators state of mind, the act can not be considered a crime if these factors are not upheld.
Principles of Crime & Legality
• Every crime has been created to prevent something bad from happening.
• For example, murder is prohibited because we don’t want people to be killed.
• The negative consequence that we are trying to avoid is called “Harm”
Most Crimes are grouped by the harm that each entail.
-Crimes against the person & Crimes that violate life or physical integrity
Crimes against property- Crimes involving the illegal acquisition or destruction of property
Assault and battery
The Concept that a crime must include the element of harm is reflected in our nations concept of due process.
Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it.
1. Mens Rea - Also known as the “guilty mind” requirement is the mental element or the state of mind the defendant possesses in order to be a liable offense.
2. If you commit a crime knowing full well it’s wrong and illegal then you have mens rea and will be tried rightfully. If you had no idea what you were doing was wrong/illegal then you dont haves mens rea and should not be charged with the crime.
- Mistake of Fact
- Mistake of Law
Transferred Malice, Recklessness, Gross Negligence, or Intention
4 Elemenets of Mens Rea
Requirement where the relationship between conduct and result is shown.
Ex: A shoots B, B dies because of C indirectly not A
An act does not make a man guilty of a crime, unless his mind is also guilty.
The Act Versus Status
It is not against the law to be of a certain ethnic background or religion.
Failure to Act
"Inaction may be action when the law clearly spells out what one has to do and one decides not to do it"