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Published byConstance Drusilla Miller Modified over 6 years ago
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An act or failure to act that is prohibited and therefore punishable
Crime An act or failure to act that is prohibited and therefore punishable
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4 Conditions for Considering an Act a Crime:
- The Act is considered wrong by society (child pornography) The act causes harm to society or to those who need protection (children) The harm must be serious Remedy requires handling by criminal justice system
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Purpose of Criminal Law
Protect people and property Maintain Order Preserve Public Decency
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The Criminal Equation Actus Reus + Mens Rea = Crime
The Guilty Act + The Guilty Mind = Crime Actus Reus: action, omission, or state of being that is forbidden by the CCC (Must be voluntary) Mens Rea: intention to commit a wrongful act, with disregard for the consequences.
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Intent - a state of mind where someone wants to do something wrong, knows what the results will be, and doesn’t care about the consequences. General Intent: commit wrongful act with no other purpose. (Hit somebody in face because you are mad) Specific Intent: commit a wrongful act for the sake of accomplishing another. (Hit somebody to knock them out so you can rob them)
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Motive NOT THE SAME AS INTENT
Motive – the reason somebody commits a crime. Motive does not need to be proven in a court of law in order to convict the defendant.
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Criminal Negligence Everyone is criminally negligent who
A) in doing anything, or B) omits to do anything that is his duty to do, showing reckless disregard for the life or safety of another person. Example: A teacher forgets to do smoking corner duty at break. A few students lift a car and then accidentally drop it on a student’s leg.
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Recklessness Taking a risk that a reasonable person would not take. (using land mines to protect your property from stray cats and skunks/groundhogs) Willful Blindness: Deliberately closing your mind to the possible consequences of one’s actions.
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