9/29/14 BR- The decision at a trial is known as the ______. Today: Helping to Identify the elements of a crime; Actus reus, Mens rea

Friday, work, hand-ins, etc MIKVA Parent Night – Wednesday, October 1, 5:00-6:30 FREE EATS! AND PRIZES! Our unique problem.. New Case Problem Let’s Check In..

Important Terms: 1.Jurisdiction 2.Parties 3.Adversarial System 4.Inquisitional system 5.Trial Court 6.Court of Appeal 7.Affirmed 8.Remanded 9.Voir dire 1.Removal for cause 2.Peremptory challenge 10.Error of law 11.Precedent 12.Dissenting opinion 13.Concurring opinion 14.Petitions for certiorari 1.Litigator 2.State of mind 3. Mens rea 4. Actus rea 5.Causal link 6.Elements 7.Motive 8.Felony 9.Misdemeanor 10.Principal 11.Accomplice 12.Accessory before the fact 13.Accessory after the fact 14.Crime of omission 15.Solicitation 16.Attempt 17.Conspiracy

Burden of proof How much convincing you have to do in order to prevail (win). –Criminal – Beyond a reasonable doubt (BRD) or 99%. –Civil – Preponderance of the evidence (POE) or 51%.

Elements of a Crime The elements are the conditions that must be present in order for that crime to have been committedThe elements are the conditions that must be present in order for that crime to have been committed For example; the elements of a cheeseburger are at least 1 cooked ground beef meat patty, covered with some sort of cheese, and placed between 2 slices of bread or bun.For example; the elements of a cheeseburger are at least 1 cooked ground beef meat patty, covered with some sort of cheese, and placed between 2 slices of bread or bun. Minus any of these elements means you do not have that thing - i.e. No cheese=no cheeseburger.Minus any of these elements means you do not have that thing - i.e. No cheese=no cheeseburger.

Elements are broken down into.. There are two things that have to be proven in a court of law before it will convict someone of a crime:the actus reus and the mens rea of an offense as set out in the Criminal code.There are two things that have to be proven in a court of law before it will convict someone of a crime:the actus reus and the mens rea of an offense as set out in the Criminal code. 1.Actus reus (prohibited acts) - the guilty act or guilty omission. An act is doing something that you shouldn't and an omission is not doing something that you should have. 2.Mens rea (criminal intent) - the guilty thought or mind. This is either having the intention to do something like murder or theft, or you can have the mind to be reckless.

3. Causation There is a link between what a person did and what happened. 4. Concurrence Actus reus, mens rea, and causation occurred at the same time.

Specific forms of mens rea: General Intent The accused need not have planned to commit the offence or cause the act. The accused need only commit the wrongful act. Specific Intent A criminal offence that was committed with awareness of the act by the accused. Recklessness The accused paid no heed or regard to the injurious outcome their actions may have on others. Willful Blindness The accused purposely fails to consider the potential of their actions being criminal out of a desire to not know the truth.

Elements of Crime Look at the chart: notice the different elements for crimes.Look at the chart: notice the different elements for crimes. Are their crimes that have similar elements?Are their crimes that have similar elements? What are material circumstances?What are material circumstances?

EXIT SLIP 1.In your own words describe what is meant by the “elements” of a crime. 2. Describe the difference between mens rea and actus reus