What makes something criminal? What is a crime?

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Presentation transcript:

What makes something criminal? What is a crime?

5 Elements of a Crime Criminal Act, Criminal Intent, Concurrence of Act and Intent, Causation, Punishment

Crime’s Five Basic Elements: Criminal Act, Criminal Intent, Concurrence of Act and Intent, Causation, Punishment Criminal Act - Human Conduct prohibited by law Criminal thoughts alone are not punishable An involuntary act is not an action Inaction can be criminal

Criminal Intent (1) General- knew result and disregarded (2) Specific- intended result (3) Criminal Negligence- unintentional but with extreme lack of care (4) Strict Liability- guilty regardless of intent “mens rea” - guilty/evil mind, is difficult to prove

Degrees of Mental fault: Purposely Knowingly Reckless Negligence

Concurrence of Act and Intent The act and intent must occur at the same time. The person has to intend the act at the same he/she commits it.

Causation Punishment The act must have caused the harm The law must give a punishment based on the nature and severity of the crime