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Criminal Law 2.1 Intro To Criminal Law

Criminal Law 2.1 Intro To Criminal Law. Elements of a Crime. Typically, a crime is made up of four elements: Mens rea Actus reus Causation Concurrence. Mens Rea. Mens Rea is the mental requirement in criminal law, also known as the guilty mind. There are four categories of mens rea :

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Criminal Law 2.1 Intro To Criminal Law

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  1. Criminal Law2.1 Intro To Criminal Law

  2. Elements of a Crime • Typically, a crime is made up of four elements: • Mensrea • Actusreus • Causation • Concurrence

  3. Mens Rea • Mens Rea is the mental requirement in criminal law, also known as the guilty mind. • There are four categories of mensrea: • Intent • Knowledge • Recklessness • Criminal Negligence

  4. Actus Reus • Actusreus is the physical part of a crime, or the guilty act. It typically describes what the defendant must do. • Omission: failing to perform an act required by a criminal law, if a person is physically able to perform the act. • State of being/affairs: an offense in which a person is not actively committing an act, but is still in violation of the law

  5. Causation and Concurrence • Causation: the defendant’s conduct must be linked to the resulting harm. • Cause in fact: the harm caused would not have occurred if the defendant had not acted the way that they did • Proximate cause: the defendant should have been able to foresee the consequences of their actions • Concurrence: mensrea and actusreus must take place simultaneously, meaning the criminal must have had intent while committing the guilty act.

  6. Motive and Strict Liability • Motive: the reason why an illegal act was performed. • Strict liability offenses are crimes regardless of a guilty state of mind.

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