Legal Ingredients of a Crime  Several elements must occur for an act to qualify as a crime: The law must define the act or behaviour as criminal. The.

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Presentation transcript:

Legal Ingredients of a Crime  Several elements must occur for an act to qualify as a crime: The law must define the act or behaviour as criminal. The law must define the act or behaviour as criminal. In order for the state to prove that a crime occurred and the accused is responsible, the prosecution must show that the accused engaged in the guilty act (actus reas) and had the intent (mens rea) to commit the act. In order for the state to prove that a crime occurred and the accused is responsible, the prosecution must show that the accused engaged in the guilty act (actus reas) and had the intent (mens rea) to commit the act. ©2012 McGraw-Hill Ryerson Ltd.LO4

Actus Reus  The law is interested only in an act (actus) that is guilty, evil and prohibited (reus).  There must be a conscious interaction between mind and body before it can be considered an act. ©2012 McGraw-Hill Ryerson Ltd.LO4

Mens Rea  Every crime, according to legal tradition, requires mens rea “a guilty mind”.  To be convicted of a criminal offence, it must be proven that the accused carried out the act intentionally, knowingly and willingly.  The posting of “pooper-scooper” regulations has had its effect. Many city residents consider the failure to “pick up” to be a sign of disrespect and a violation of custom. ©2012 McGraw-Hill Ryerson Ltd. LO4

Indictable and Summary Offences  Indictable offences – more serious of the two. Absolute indictable, Electable indictable and No Electable Choice indictable offences. Absolute indictable, Electable indictable and No Electable Choice indictable offences.  Summary offences are considered to be minor – result in fines, shorter jail terms or both. ©2012 McGraw-Hill Ryerson Ltd.LO4