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Understanding the Legal Elements of Crime | Limits, Duties, and Intent Analysis

Explore the boundaries of criminal law regarding drugs, guns, and legal elements like duty and intent. Learn about laws passed by Congress to curb drug-related crimes and regulate gun ownership. Discover the significance of criminal intent.

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Understanding the Legal Elements of Crime | Limits, Duties, and Intent Analysis

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  1. Lesson Objectives BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-3 The Limits of Criminal Law Identify limits of criminal law. Analyze the causal effect between drugs and crime Recognize connections between guns and crime.

  2. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-3 Legal Elements of a Crime All crimes feature certain basic elements which the government must prove beyond a reasonable doubt to obtain a conviction at trial. Duty Violation of Duty Criminal Intent

  3. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-3 Legal Elements of a Crime Duty A legal duty is a responsibility to do or not do something that is usually stated in a statute or ordinance. To establish the duty at trial the prosecutor will cite the statute or ordinance violated by the defendant.

  4. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-3 Legal Elements of a Crime Violation of Duty An act or failure to act that violates the duty established by the statute or ordinance. The specific conduct that violates the statute or ordinance is considered the criminal act.

  5. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-3 Legal Elements of a Crime Criminal Intent Criminal intent refers to the defendant’s state of mind (mens rea) at the time an act is carried out. To form criminal intent a person must have the mental capacity to know the difference between right and wrong.

  6. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-3 Legal Elements of a Crime Exception to Element of Intent An exception to the element of criminal intent is where a person acts with extreme carelessness or recklessness. Accordingly, a person may be charged with a crime where they violate the law through an act of carelessness or recklessness such as a DWI.

  7. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law 2-3 The Limits of Criminal Law B. Drugs and Crime The connection between drugs and crime is reflected in at least three types of crimes: Drug-defined crimes, such as the possession, use, or sale of controlled substances, which violates drug laws. Crimes committed by drug users to get money to buy more drugs or crimes committed by persons under the influence of drugs. Organized criminal activities, such as money laundering and political corruption, in support of the drug trade.

  8. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law 2-3 The Limits of Criminal Law B. Drugs and Crime Significant Drug Laws in Passed by Congress; Harrison Act (1914) The first major drug law required persons dealing in opium, morphine, heroin, cocaine, and derivatives of these drugs to register with the federal government. The Comprehensive Drug Abuse Prevention and Control Act (1970) forms the basis of federal enforcement efforts today. A response to explosion of drug use during the 1960’s.

  9. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law 2-3 The Limits of Criminal Law B. Drugs and Crime Significant Drug Laws in Passed by Congress; The Anti-Drug Abuse Act(1988) The government stepped up the war on drugs which substantially increased the penalties for recreational drug users. The Crime Control Act (1990) and the Violent Crime Control and Law Enforcement Act (1994) helped fund the War on Drugs by providing money to state and local communities for drug enforcement and created drug-free school zones by increasing penalties for drug crimes occurring close to schools.

  10. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law 2-3 The Limits of Criminal Law C. Guns and Crime Gun Ownership-Over 200 million firearms are in circulation, including 70 million handguns. The production of new firearms adds two million new handguns each year to the total. During the past 20 years, the main type of gun made in the United States has shifted from manual revolvers to semiautomatic pistols.

  11. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law 2-3 The Limits of Criminal Law D. Guns and Crime Gun-control laws-The federal government and most of the states have some gun-control laws. Federal and state laws prohibit alcoholics, drug addicts, mentally unbalanced people, or people with criminal records from owning guns. The Brady Handgun Violence Prevention Act (1994), named for James Brady, White House Press Secretary, who was shot and wounded during an attempt on President Reagan's life in 1981, provides for a five-day waiting period before the purchase of a handgun. The Violent Crime Control and Law Enforcement Act (1994) banned the manufacture of 19 military assault weapons.

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