Elements of a Crime

Criminal Act The first necessary element of any crime is that a person's action be in violation of a law. Generally, a person must commit a voluntary act before they are subject to criminal sanctions.

Failure to Act Failure to act may result in criminal prosecution as well. A parent who neglects a child or a taxpayer who doesn't pay taxes may both be prosecuted in criminal court.

Mens Rea Mens Rea literally means guilty mind in Latin. This term refers to the specific state of mind of the defendant. The extent to which a party can be held responsible for his actions generally depends upon the mental state under which he was operating upon commission of the crime.

Four Levels of Mens Rea o Purposeful- where harm is intended o Knowing- having full knowledge that harm could result o Reckless- behavior that increases the risk of harm o Negligence- harm which results when a person fails to act reasonably, even though no negative consequences were intended

Motive Why does Kedar eat in class? A motive is someone's reason for committing a crime. While evidence of a person's motive may be admissible during a trial, it is not an essential element of a crime that must be proven.

Strict Liability These specific types of crime require that no culpable state of mind be proven for conviction. The laws make it a crime to do something, even if the offender has no intention of violating the law.

Examples An example of a strict liability offense would be routine traffic offenses. A driver may be listening to music, thinking or simply following the flow of traffic and finds he's going 75 mph in a 65 mph zone. There is no intention to break the law, but it is a violation none-the-less due to the potential for harm.

Another Example Another example would be statutory rape. Statutory rape generally occurs between two consenting individuals, one of which is under the legal age of consent. In many states, it doesn't matter whether the offender knew the victim's age, this act is a crime because it is an attempt to prevent the sexual exploitation of persons considered legally incapable of giving consent.

Causation Causation refers to the concurrence of a guilty mind and a criminal act may produce or cause harm. A clearly identifiable cause must be evident in a court of law.

Example An example of this element would be a person who has been shot by another. The victim does not kill the victim, but the victim is seriously injured and in the hospital for several months. Death may occur as a result of pneumonia or a blot clot. A defense attorney may argue that the death resulted from disease not the offender's actions. If the jury agrees, then the person may be let go or found guilty of a lesser charge. The harm must be directly linked to the actions of the offender, but it doesn't have to be close in time or space to the offense.

Harm A harm of some sort occurs in every crime. When a person is murdered, the harm is clearly identifiable. Harm doesn't just involve physical injury to an individual, it also can include fear; therefore, actions such as assault or stalking are considered crimes.

Harm Continued Harms to the individual are not the only types of harm. The other type of harm is that to society. Drug, sex, and gambling crimes are considered to harmful against society. How do “victimless” crimes hurt society?

Ex Post Facto The principle of legality states that a law cannot be criminal if no law exists making it such. Laws are only legally binding from the date of their creation or a future date that is specified. If lawmakers in a city believe that public skateboarding is a nuisance and they decide to pass a law, they can't try to prosecute people who engaged in this action prior to the law being passed. Laws passed after the commission of an act are called ex post facto laws.

Punishment The punishment for committing a crime must be specified at the time of its implementation. Punishment needs to be specified, so that if a person is found guilty of violating a law, sanctions can lawfully be imposed.