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Published byLoraine Cannon Modified over 6 years ago
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What makes something criminal? What is a crime?
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5 Elements of a Crime Criminal Act, Criminal Intent,
Concurrence of Act and Intent, Causation, Punishment
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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
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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
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Degrees of Mental fault:
Purposely Knowingly Reckless Negligence
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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.
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Causation Punishment The act must have caused the harm
The law must give a punishment based on the nature and severity of the crime
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