Rea Mens Rea the crimes mental elements of the defendants intent Mental Fault The criminal act must be voluntary or purposeful Mental Faultthe defendants state of mind at the time of the offense ID: 659492
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Slide1
Elements of a crimeSlide2
Mens Rea
Mens
Rea- the crimes mental elements of the defendants intent (Mental Fault)
The criminal act must be voluntary or purposeful
(Mental Fault)/the defendants state of mind at the time of the offense.
Comes from the ancient saying of “ the act is not guilty unless the mind is guiltySlide3
Mens Rea cont.
Mens
Rea varies depending on offense
For murder, the mental element requires the defendant acted with “malice aforethought” (premeditation)Slide4
Actus Reus
Actus
Reus- a criminal act or an unlawful omission of an act must have occurred
Though you cannot be punished for thinking criminal thoughts, can you be punished for acting on those thoughts.
Words can be considered acts in criminal law
Examples of this are: Threats, perjury, conspiracy, and solicitation Slide5
Concurance
-
Mens
Rea and
Actus
Reus must occur at the same time
Criminal intent must precede or coexist with the criminal act/ activate the act.
Mens
Rea may not be present until the crime is committed.
There must be voluntary action or a failure to act when physical able Slide6
Causation
Causation- an element that actual harm must occur
Example- Homicide requires the act of killing, aggravated battery requires serious bodily injury.
Causation is very complex to proveSlide7
Principal
Principal- Any actor who is primarily responsible for a criminal offenseSlide8
Accomplice/ Accessory
Accomplice- a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offence
Examples- lookout/getaway driver
Accessory- a person who assists in the commission of a crime, but who does not actually participate in the commission of the crimes.
Accessory after
the fact-
persons
who provide criminals with certain aid in order to hinder a criminal's apprehension or prosecutionSlide9
Legal Ramifications for accomplices and accessories
(a) Whoever aids, abets, counsels, commands, induces or procures the commission of an offense, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense, is punishable as a principal.Slide10
Accessories after the fact
Federal law
treats accessories after the fact differently from principals
.
Accessories
after the fact face a maximum of only half the fine and half the prison time that principals face.
(
If the principal faces the death penalty or life imprisonment, accessories after the fact face up to 15 years' imprisonment.)Slide11
Accessories before the fact
Accessory before the fact-A
person who aids, abets, or encourages another to commit a crime but who is not present at the scene.
Many jurisdictions refer to an accessory before the fact as an accompliceSlide12
Proving guilt
You need the following:
Proof beyond reasonable doubt
Credible evidence to support defenses
Defendants affirmative defenses; prove by preponderance of evidenceSlide13
Intent- Purpose or intention
Concurrence- the apparent need to prove the simultaneous occurrence of both
actus
reus
("guilty action") and
mens
rea ("guilty mind"), to constitute a
crime
Causation-The act of causing or producing
something