Element (criminal law)
In most
The basic components of an offense are listed below;
Mental state (Mens rea)
Mens rea varies depending on the offense. For murder, the mental element requires the defendant acted with "malice aforethought". Others may require proof the act was committed with such mental elements such as "knowingly" or "willfulness" or "recklessness". Arson requires an intent to commit a forbidden act, while others such as murder require an intent to produce a forbidden result. Motive, the reason the act was committed, is not the same as mens rea and the law is not concerned with motive.[1]
Although most legal systems recognize the importance of the guilty mind or mens rea, exactly what is meant from this concept varies. The American Law Institute's Model Penal Code has reduced mental states to four. In general, guilt can be attributed to an individual who acts "purposely", "knowingly", "recklessly", or "negligently." Together or in combination, these four attributes seem basically effective in dealing with most of the common mens rea issues.[4]
Conduct (Actus reus)
All crimes require
Unlike thoughts, words can be considered acts in criminal law. For example, threats,
The omission of an act can also constitute the basis for criminal liability.
Concurrence
In general, mens rea and actus reus must occur at the same time—that is, the criminal intent must precede or coexist with the criminal act, or in some way activate the act. The necessary mens rea may not continually be present until the forbidden act is committed, as long as it activated the conduct that produced the criminal act. However, for criminal liability to occur, there must be either overt or voluntary action.
Causation
Many crimes include an element that actual harm must occur—in other words, causation must be proved. For example, homicide requires killing, and aggravated battery requires serious bodily injury and without those respective outcomes, those respective crimes would not be committed. A causal relationship between conduct and result is demonstrated if the act would not have happened without the direct participation of the offender.[5]
Causation is complex to prove. The act may be a "necessary but not sufficient" cause of criminal harm. Intervening events may have occurred between the act and the result. Therefore, the cause of the act and the forbidden result must be "proximate", or near in time.[1]
See also
References
Citations
- ^ ISBN 0-8039-2669-3.
- ^ a b "Criminal law". Encarta. Archived from the original on 2009-10-31. Retrieved 2008-01-07.
- ISBN 1-56662-448-7.
- ^ "Criminal Law - The Mental Element". Encyclopædia Britannica. Retrieved 2008-01-07.
- ^ a b "Criminal law". Encyclopædia Britannica. Retrieved 2008-01-07.
Sources
- Bonnie, Richard J.; et al. (1997). Criminal Law. Westbury, New York: The Foundation Press, Inc. ISBN 1-56662-448-7.