The legal essence of criminal conduct

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Presentation transcript:

The legal essence of criminal conduct The three essential aspects of all crimes The criminal act A culpable mental state (mens rea) A concurrence of the two

Throughout the years, legal scholars have refined considerable each of the elements that compromise the conceptual essence of criminality Causation A resulting harm The principle of legality Necessary attendant circumstances

Attorney’s refer to the term conduct as more than just behavior or action. They think about it as the mental state and behavior at the time of the time of the behavior

Thinking is Not Doing People who have bad thoughts and feel guilty about them can’t be arrested. Only if they make an action.

Being is Not Doing If a person on TV says that they did drugs or something else bad in the past they can’t be arrested.

Voluntary Acts Action’s done by people can’t be considered criminal liability if the action that they did statuary, common law or contractual duty to perform the act.

1. Reflexes and convulsions 2. Bodily movements during unconsciousness or sleep.

Specific, General , and Transferred Intent General Intent – If the defendant intended to cause the outcome of the act, then general intent exists Specific Intent – IN the early years referred to a felony, which was punished with death, from a misdemeanor, which was punished in other ways.

State of Mind Mens rea, is the second general element of a crime. Refers to the specific mental state of the defendant at the time of the crime.