Essay about How Elements Of Crime Is Converted Into Risk Factors
Element is a constituent part of a claim that must be proved for the claim to succeed. For example, elements of a crime are the constituent parts of a crime which usually consists of the actus reus, mens rea, and causation. To convict an accused each element of a crime must be proved beyond reasonable doubt.
According to legal definitions, crime (except for the strict liability crimes) have two basic elements; the guilty mind and the guilty act. The technical terms for these elements are their Latin name: “mens rea” meaning “guilty mind” and “actus reus” meaning the “thing done,” Generally, a crime is committed when a person commits a guilty act accompanied by a guilty mind.
Crimes also have specific elements that are contained in the definitions of a crime. For example, a murder is an intentional killing of a human being. The elements are that accused must have (1) purposely or knowingly (2) caused a death (3) of a human being. To obtain a conviction, the state must prove all of the elements of a crime beyond a reasonable doubt.
For a criminal offence to occur there must be two main elements – the prohibited conduct and the mental element of a guilty mind or intention. Unless an offence falls into the unusual category of a strict liability offence, the prosecution must, in order to prove that a person has committed an offence, show that both these elements…