An element of a crime (collectively called elements of crime) is a basic set of common law principles regarding criminal liability that, with few exceptions, constitute the essential elements to prove that the defendant committed a crime under United States law. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary The jury must be convinced beyond a reasonable doubt that the defendant committed each element of the particular crime charged before deciding on a guilty verdict. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. ---- Guilt is the Fact, state or Verdict (by a Court or other Tribunal) of an Offence, Crime, Violation In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge The component parts that make up any particular crime vary depending on the crime. [1]
The basic components are listed below. [2] However, the two necessary elements that must coexist for a crime to exist is that the defendant must have committed an act and that act must have been committed intentionally. [3]
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Mental state (Mens rea)
Mens rea refers to the crime's mental elements of the defendant's intent. In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. Intent in Law is the planning and desire to perform an act, to fail to do so (i This is a necessary element—that is, the criminal act must be voluntary or purposeful. Mens rea is the mental intention (mental fault), or the defendant's state of mind at the time of the offense, sometimes called the guilty mind. It stems from the ancient maxim of obscure origin, "actus reus non facit reum nisi mens sit reas" that is translated as "the act is not guilty unless the mind is guilty. "[4] For example, the mens rea of aggravated battery is the intention to do serious bodily harm. Aggravated battery in criminal law is a more serious form of battery, and is considered a Felony. Mens rea is almost always a necessary component in order to prove that a criminal act has been committed. [2][3]
Mens rea varies depending on the offense. For murder, the mental element requires the defendant acted with "malice aforethought". Specifically in the Criminal law, malice aforethought (or malice prepense) is the element of Mens rea ( Latin for "guilty Others may require proof the act was committed with such mental elements such as "knowingly" or "willfulness" or "recklessness". The question of free will In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the Arson requires an intent to commit a forbidden act, while others such as murder require an intent to produce a forbidden result. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Motive, the reason the act was committed, is not the same as mens rea and the law is not concerned with motive. In law especially Criminal law, a motive is the cause that moves people to induce a certain action [2]
Although most legal systems recognize the importance of the guilty mind, or mens rea, exactly what is meant by this concept varies. The American Law Institute's Model Penal Code has reduced the mental states to four. The American Law Institute ( ALI) was established in 1923 to promote the clarification and simplification of American Common law and its adaptation to changing social The Model Penal Code (MPC is a statutory text which was developed by the American Law Institute (ALI in 1962 In general, guilt can be attributed to an individual who acts “purposely,” “knowingly,” “recklessly,” or “negligently. ” Together or in combination, these four attributes seem basically effective in dealing with most of the common mens rea issues. [5]
Conduct (Actus reus)
All crimes require actus reus—that is, a criminal act or a criminal omission of an act, must have occurred. Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment A person cannot be punished for thinking criminal thoughts. This element is based on the problem of standards of proof. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. How can another person's thoughts be determined and how can criminal thoughts be differentiated from idle thoughts? Further, the law's purview is not to punish criminal ideas but to punish those who act on those ideas voluntarily. [6]
Unlike thoughts, words can be considered acts in criminal law. Thought and thinking are mental forms and Processes respectively ("thought" is both A word is a unit of Language that carries meaning and consists of one or more Morphemes which are linked more or less tightly together and has a Phonetic For example, threats, perjury, conspiracy, and solicitation are offenses in which words can constitute the element of actus reus. Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act In the United States, solicitation is a Crime; it is an Inchoate offense that consists of a person offering money or something else of value in order to [2]
Concurrence
In general, mens rea and actus reus must occur at the same time—that is, the criminal intent must precede or coexist with the criminal act, or in some way activate the act. In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence The necessary mens rea may not continually be present until the forbidden act is committed, as long as it activated the conduct that produced the criminal act. However, for criminal liability to occur, there must be either overt and voluntary action or a failure to act when physically able as required by statute or law. [6]
Causation
Many crimes include an element that actual harm must occur—in other words, causation must be proved. Causation is the "causal relationship between conduct and result Causation is the "causal relationship between conduct and result For example, homicide requires a killing, aggravated battery requires serious bodily injury and without this outcome, no crime would have been committed. A causal relationship between conduct and result is demonstrated if the act would not have happened without direct participation of the offender. [6]
Causation is complex to prove. The act may be a "necessary but not sufficient" cause of the criminal harm. Intervening events may have occurred in between the act and the result. Therefore, the cause of the act and the forbidden result must be "proximate," or near in time. [2]
See also
Footnotes
- ^ Glossary - Elements (of a crime). The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential An Impossibility defense is a Criminal defense occasionally used when a Defendant is accused of a criminal Attempt that failed only because the crime was nolo. com. Retrieved on 2008-01-07. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1325 - Alfonso IV becomes King of Portugal. 1558 - France takes Calais, the last continental
- ^ a b c d e (1987) Criminal Law: Understanding Basic Principles. Newbury Park, NY: Sage. ISBN 0-8039-2669-3.
- ^ a b Criminal law. encarta. Retrieved on 2008-01-07. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1325 - Alfonso IV becomes King of Portugal. 1558 - France takes Calais, the last continental
- ^ (1997) Criminal Law. Westbury, NY: The Foundation Press, p. 116. ISBN 1-56662-448-7.
- ^ Criminal Law - The Mental Element. Encyclopedia Britannica. Retrieved on 2008-01-07. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1325 - Alfonso IV becomes King of Portugal. 1558 - France takes Calais, the last continental
- ^ a b c Criminal law. Encyclopedia Brittannica. Retrieved on 2008-01-07. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1325 - Alfonso IV becomes King of Portugal. 1558 - France takes Calais, the last continental
References
- Bonnie, Richard J. ; Anne M. Coughlin, John C. Jeffries, Jr. & Peter W. Low (1997). Criminal Law. Westbury, NY: The Foundation Press, Inc. . ISBN 1-56662-448-7.
External links
- Laws on Crime
- Thomas, J., concurring Charles C. Apprendi, Jr., Petitionier v. New Jersey - On Writ of Certiorari to the Supreme Court of New Jersey
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