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Crime. An act or failure to act that is prohibited and therefore punishable. 4 Conditions for Considering an Act a Crime:. - The Act is considered wrong by society (child pornography) The act causes harm to society or to those who need protection (children) The harm must be serious
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Crime An act or failure to act that is prohibited and therefore punishable
4 Conditions for Considering an Act a Crime: - The Act is considered wrong by society (child pornography) • The act causes harm to society or to those who need protection (children) • The harm must be serious • Remedy requires handling by criminal justice system
Purpose of Criminal Law • Protect people and property • Maintain Order • Preserve Public Decency
The Criminal Equation • Actus Reus + Mens Rea = Crime • The Guilty Act + The Guilty Mind = Crime • Actus Reus: action, omission, or state of being that is forbidden by the CCC (Must be voluntary) • Mens Rea: intention to commit a wrongful act, with disregard for the consequences.
Intent • - a state of mind where someone wants to do something wrong, knows what the results will be, and doesn’t care about the consequences. General Intent: commit wrongful act with no other purpose. (Hit somebody in face because you are mad) Specific Intent: commit a wrongful act for the sake of accomplishing another. (Hit somebody to knock them out so you can rob them)
Motive • NOT THE SAME AS INTENT • Motive – the reason somebody commits a crime. • Motive does not need to be proven in a court of law in order to convict the defendant.
Criminal Negligence • Everyone is criminally negligent who • A) in doing anything, or • B) omits to do anything that is his duty to do, showing reckless disregard for the life or safety of another person. • Example: A teacher forgets to do smoking corner duty at break. A few students lift a car and then accidentally drop it on a student’s leg.
Recklessness • Taking a risk that a reasonable person would not take. (using land mines to protect your property from stray cats and skunks/groundhogs) Willful Blindness: Deliberately closing your mind to the possible consequences of one’s actions.