what is crime?

what is crime?

1. 7 Legal Principles of Crime

   • Legality
     • Must be forbidden by law  EX POST FACTO:  - law created today cannot be applied behaviour occured yesterday 
   • Actus Reus (Action Element)
     • - Committed Act  - Voluntarily; freely chosen  - Threatening; criminal conspiracy - Attempt; not completed but attempted (attempt murder)- Engagement; possession of prohibited items & intoxicated driving
   • Mens Rea (Guilty/Mental Element)
     • 1. INTENTION: - General Intent: easiest to prove intention is written to act eg: carrying gun during robbery - Specific Intent: assumed accused knew direct consequences of action. requires proof subjective nature of crime E.G: Break & enter (theft) 2. KNOWLEDGE: not intended for offence but accuser aware of resulting in crime E.G: Drug Mule; take this package & bring it to specific address 3. RECKLESSNESS: violation of law but not intended, foresee consequences but proceeded (people at risk) Eg: Street Racing, Shooting arrow in crowded places 4. NEGLIGENCE: did not see consequences, but reasonable person in same circumstances would foresee those consequences.
     • Intention: General & Specific
       • General: easiest to prove intention is written to act eg: carrying gun during robbery - Specific: assumed accused knew direct consequences of action. 
     • Knowledge
       • not intended for offence but aware of crime result Eg: Drug mule, take this package to specific address
     • Recklessness
       • Violation of law but not intended, foresee consequences people at risk eg: street racing
     • Negligence
       • did not foresee consequences  but reasonable person would foresee  if same situation
   • Concurrence
     • - Between Mens Rea & Actus Reus  - Intent must prior & related to action to considered criminal act 
   • Harm
     • -Conduct is criminal only if harmful  -Injury to the public in some way takes place   
   • Causation
     • - Link between act & harm  - - act of accussed started, causation occured 
   • Punishment
     • - sanction of crime must be written so everyone is aware of consequences

2. Criminal violation

   • an act is only crime if it violates legal jurisdiction also unless prohibited by law 
   • Black Letter Crime
     • an act is criminal, if the court says so
     • an act is crime, if courts says so