Elements of a Crime Justice System defines what crimes are Those definitions are called elements…what must be proved (shown) in order to convict someone of committing a crime © 2011 Cengage Learning

4 Elements 1. A prohibited ACT (or failure to act) (Actus Reus) 2. An INTENT (Mens Rea) Can be hardest to prove/ demonstrate © 2011 Cengage Learning

4 Elements 3. CONCURRENCE of act and intent (must be linked) 4. Causation (the harm/ result must be caused by the act) © 2011 Cengage Learning

THE ACT Must be an action- otherwise just thinking about doing harm to another would be criminalized (sometimes failure to act can be enough as well) © 2011 Cengage Learning

CONCURRENCE A link between the intent and the act (thinking about it on Monday, accident on Wednesday) © 2011 Cengage Learning

CAUSATION Result must be caused by the act (think about the hypo with moving a mirror) But/for cause v. ‘proximate’ cause’ (latter = reasonably foreseeable) © 2011 Cengage Learning

INTENT (Mens Rea) 4 Different kinds, depending upon the crime: A. Specific Intent B. General Intent C. Criminal Negligence D. Strict Liability © 2011 Cengage Learning

A. SPECIFIC INTENT You INTENDED the RESULT -intent to kill for murder- might be 1 st or 2d degree depending upon other factors) -intended to steal -intended to assault © 2011 Cengage Learning

B. GENERAL INTENT Where you knew the result would happen OR disregarded the extreme likelihood it would occur -shooting a gun into a crowd (no specific intent to kill, but if someone dies…SECOND DEGREE murder © 2011 Cengage Learning

C. CRIMINAL NEGLIGENCE The act might be unintentional but show an extreme lack of care -drag racing -drunk driving NO intent to kill……(manslaughter) © 2011 Cengage Learning

D. STRICT LIABILITY No intent/ mental state required at all. -traffic offenses -statutory rape © 2011 Cengage Learning