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The Courts Lecture III

The Courts Lecture III. Seven Elements of a Crime. Harm. Punishment. Legality. Concurrence. Actus reus. Causation. Mens rea. Elements of a Crime. Harm Legality Must be legally Forbidden Not ex post facto. The Corpus Delecti. The Body of the Crime. Corpus Delecti. Mens Rea

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The Courts Lecture III

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  1. The Courts Lecture III

  2. Seven Elements of a Crime Harm Punishment Legality Concurrence Actus reus Causation Mens rea

  3. Elements of a Crime • Harm • Legality • Must be legally Forbidden • Not ex post facto

  4. The Corpus Delecti The Body of the Crime

  5. Corpus Delecti • Mens Rea • Actus Reus • The Mens Rea and Actus Reus are related or fused. • Attendant Circumstances • In some cases, results.

  6. Mens Rea • The Criminal Intent • The Mental State Required for a crime.

  7. Actus Reus “The Guilty Act” Without an act, the crime is not consummated. For example, I could intend to poison a person.No crime is committed without carrying it out.

  8. Causation Relationship Between Harm and Actus Reus The Criminal Act must lead to harm without an interruption

  9. Concurrence There has to be a connection between Actus Reus and Mens Rea

  10. Punishment In order for a behavior to be considered a crime, it must be punishable.

  11. Crime • Crime Resulting in Prison Time or Capitol Punishment: • Felony • Crime Resulting in less than a year in Jail or less than $500 in fines, or both: • Misdemeanor • Wobblers • Can result in felony or Misdemeanor Prosecution • Infractions: Cannot result in Physical Arrest • No bail, no Public Defender, no trial by jury

  12. California Penal Code 15 • An act committed or omitted in violation of law for which there is a punishment: • Death • Imprisonment • Fine • Removal from Office • Disqualification to hold and enjoy any office of honor, trust or profit in this state.

  13. ACT • ACT forbidden by law • Failure to Act • Failure to support • Failure to Stop • Failure to Aid • Passive Participation • Also a Crime • Sodomy or oral copulation

  14. Chante Mallard • Killed Jeffery Biggs by hitting him with her car and leaving him embedded in her windshield. Mallard then pulled into her garage and closed the door.

  15. Mala in se / Mala Prohibita • Mala in se crimes are “wrong in themselves” • Recognized Anywhere as a Crime • Murder and rape are mala in se • Mala Prohibita • Illegal Acts because the laws say they are • Trespassing, gambling, prostitution, some offenses against the State

  16. Parties to Crimes • Principles • Directly commit the act or aid and abet in it • Accessories • A person, after a FELONY has been committed, conceals, aids the principal with the intent of helping to escape, avoid arrest, trial or conviction • Accomplice • Co-principal who testifies against another involved in the same crime

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