Understand the difference between social crime and legal crime.
Behavior that violates the norm of society Problems No uniform definition of social control Gambling, prostitution, abortion Always subject to interpretation Norms change over time Harrison Act 1914 made heroin, opium, and morphine illegal
Intentional violation of the criminal law or penal code, committed without a defense or excuse and penalized by the state Major problems Over-criminalization- victimless crimes- to many rules Non-enforcement- law is not enforced Under-criminalization- things are not prohibited by the law but not enforced
All seven have to be present for it to be a crime Harm- external consequence required to make an action crime Legality- harm must be illegal to be a crime Expost Facto Actus Reus- intention or neglect to cause harm Mens Rea- Criminal Intent Negligence- failure to take responsibility
Causation- criminal act must lead directly to harm without long delay Concurrence- Actus Reus (“Guilty Act”) and Mens Reus (“Guilty Mind”)- intent and conduct must happen together Punishment- has to be a threat of punishment
Act under duress Self Defense Under 17 Entrapped- induced into committing Insane- M’Naughter Rule
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