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    Elements of A Crime

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    This document discusses the elements required for criminal convictions, including the actus reus (guilty act) and mens rea (guilty mind). It explains that the actus reus describes the physical actions that must be proven, such as "kill" for murder or "set fire to" for arson. These actions must be voluntary, occur under the specified circumstances, cause the defined harm or result, and have the appropriate causation. The mens rea discusses the mental requirements like intent, knowledge, recklessness or criminal negligence. The document then provides examples of statutes for different crimes like murder, manslaughter and statutory rape that define the key terms of premeditation, recklessness, criminal negligence and strict liability. It concludes

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    Elements of A Crime

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    api-88846630
    8K views9 pages
    This document discusses the elements required for criminal convictions, including the actus reus (guilty act) and mens rea (guilty mind). It explains that the actus reus describes the physical actions that must be proven, such as "kill" for murder or "set fire to" for arson. These actions must be voluntary, occur under the specified circumstances, cause the defined harm or result, and have the appropriate causation. The mens rea discusses the mental requirements like intent, knowledge, recklessness or criminal negligence. The document then provides examples of statutes for different crimes like murder, manslaughter and statutory rape that define the key terms of premeditation, recklessness, criminal negligence and strict liability. It concludes

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    This document discusses the elements required for criminal convictions, including the actus reus (guilty act) and mens rea (guilty mind). It explains that the actus reus describes the physical actions that must be proven, such as "kill" for murder or "set fire to" for arson. These actions must be voluntary, occur under the specified circumstances, cause the defined harm or result, and have the appropriate causation. The mens rea discusses the mental requirements like intent, knowledge, recklessness or criminal negligence. The document then provides examples of statutes for different crimes like murder, manslaughter and statutory rape that define the key terms of premeditation, recklessness, criminal negligence and strict liability. It concludes

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    8K views9 pages

    Elements of A Crime

    Uploaded by

    api-88846630
    This document discusses the elements required for criminal convictions, including the actus reus (guilty act) and mens rea (guilty mind). It explains that the actus reus describes the physical actions that must be proven, such as "kill" for murder or "set fire to" for arson. These actions must be voluntary, occur under the specified circumstances, cause the defined harm or result, and have the appropriate causation. The mens rea discusses the mental requirements like intent, knowledge, recklessness or criminal negligence. The document then provides examples of statutes for different crimes like murder, manslaughter and statutory rape that define the key terms of premeditation, recklessness, criminal negligence and strict liability. It concludes

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    ELEMENTS

    OF A
    CRIME
    When a person is in
    contact with the criminal
    law it is important to
    understand the roles they
    play and the elements
    required to be proven in
    any conviction.

    Elements needed

    ACTUS REUS Guilty Act

    Actus reus is often characterized as the


    physical part of a crime. In most cases, it
    describes what the offender must do.
    Example - A murder statute will require the
    offender to kill, an arson law will punish
    people who set fire to a structure, and
    theft may require someone to take
    something
    The following criteria must be proven

    A) Voluntary Act: The defendants act must be voluntary.


    B) Circumstances: Many Crimes occur only in a
    specifically described situation. For example, bribery of a
    juror requires that the person bribed have been a juror
    (not another official).
    C) Harm or result: Many criminal laws require a specific
    harm to have occurred before the statute applies. In
    murder, there must be a person killed, and in arson, there
    must be a burned structure.
    D) Causation: Often a statute requiring harm (such as
    death or an explosion) also requires that the defendant
    cause that harm. Causation links the defendants conduct
    to the result.
    (i) But for, Cause in Fact, or Actual
    causation is the simplest form of causation. It simply
    provides that a particular result (such as death) would
    not have occurred without the defendants action.
    (ii) Proximate causation is narrower than but for
    causation. Proximate causation is limited to the
    foreseeable consequences of the defendants actions.

    Elements needed

    MENS REA Guilty Mind

    Mens Rea is often characterised as the


    mental requirement in a criminal law.
    Modern statutes often use three categories of
    mens rea :
    intentionally (or purposefully or willfully,
    knowingly,

    recklessly, and
    with criminal negligence.

    SCENARIOS

    1)

    2)

    You will need to be in


    groups of 3-5 for this
    activity.
    You will need a copy of
    Handout #1 & #2

    The Statutes

    Understanding the
    terms

    On your sheet highlight the bold terms and note their


    meanings:

    First degree murder:


    1. Premeditated killing. An intentional
    killing that was deliberate and contemplated
    prior to the killing.
    2. Extreme Indifference. Covers the
    possibility that someone knows that what they
    are going to do will result in the death of
    another person, but at the same time doesnt
    intend to kill.

    The Statutes
    Second degree murder
    1.Intentional killing without
    premeditation.
    The classic example is a
    passion killing where the homicide occurs in the
    heat of the moment.
    First degree manslaughter
    1.Recklessness. Conscious awareness of an
    unacceptable risk to human life.
    Recklessness is similar to extreme indifference,
    but the risk that human life will be lost is less.
    Second degree manslaughter
    1.Criminal negligence. Gross deviation
    from standard of care.

    The Statutes
    Statutory rape
    1.No mens rea. Strict liability with a
    limited
    affirmative defence where minor
    misrepresents age. In an effort to protect minor
    children, state legislatures have placed an
    increased burden to ascertain
    age on the older
    party.

    The Scenarios

    What to do
    1)
    2)

    3)

    In your groups, read the designated scenario.


    One member will need to
    1) Type all the information to be emailed to Mr.
    Andrews
    2) Present back to class
    3) Everyone writes a summary.
    Include an overview of the case including:
    1) Mens Rea
    2) Actus Rea
    3) Which statute would apply?

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