Elements of crime
A crime can be divided into different elements, i.e. different parts of crime. These elements must be proven to prove a crime. A crime generally has three elements, first is a criminal act, also called an actus reus; second is a criminal intent, also termed as mens rea; the third is a concurrence of the first and the second. According to United States law, elements of crime is a set of data points that proves a crime. A court declares one as guilty only when the prosecution presents the evidence which are beyond any doubts. The basic components of a crime are mental state, conduct, concurrence, and causation (Samaha, 2013).
Mental State
Mental State refers to mental elements of the defendant. This is a necessary element as …show more content…
If an individual helps a person to commit a crime, he can also be punished as the offender. A person can be a part of a crime in different types. Some of them are aid, counsel, and procure. One can aid an offender at the time of the offense or prior to that as well. The offender need not to know about the aid provided to him, this means that it is possible that there is no communication between two parties. Counsel means the secondary party have given ideas or advised the offender on how to commit the crime. Procure means getting something done by others just like a contract killing means you have hired someone to commit the crime (Allen, …show more content…
Defenses particularly negate the intent element. Defenses can provide partial or total refuge from punishment.
Mental Disorder: Mental disorder or insanity is stated as the lack of understanding the illegitimate of the crime. It can neutralize the intent of a crime, this means that it is helpful only in the crimes that are having an intent element. If it is proven that the offender is suffering from insanity, then he might be sent to a mental hospital for treatment.
Mistake of Fact: In some jurisdiction "I made a mistake" is a defense only if the mistake is genuine. This defense is generally used in conjunction with other defense.
Necessity/Lesser Harm: A crime is justifiable if it prevented greater harm than the harm created by the crime. It can be explained as a person charged for trespassing, but he was actually trying to put out a
A crime can be divided into different elements, i.e. different parts of crime. These elements must be proven to prove a crime. A crime generally has three elements, first is a criminal act, also called an actus reus; second is a criminal intent, also termed as mens rea; the third is a concurrence of the first and the second. According to United States law, elements of crime is a set of data points that proves a crime. A court declares one as guilty only when the prosecution presents the evidence which are beyond any doubts. The basic components of a crime are mental state, conduct, concurrence, and causation (Samaha, 2013).
Mental State
Mental State refers to mental elements of the defendant. This is a necessary element as …show more content…
If an individual helps a person to commit a crime, he can also be punished as the offender. A person can be a part of a crime in different types. Some of them are aid, counsel, and procure. One can aid an offender at the time of the offense or prior to that as well. The offender need not to know about the aid provided to him, this means that it is possible that there is no communication between two parties. Counsel means the secondary party have given ideas or advised the offender on how to commit the crime. Procure means getting something done by others just like a contract killing means you have hired someone to commit the crime (Allen, …show more content…
Defenses particularly negate the intent element. Defenses can provide partial or total refuge from punishment.
Mental Disorder: Mental disorder or insanity is stated as the lack of understanding the illegitimate of the crime. It can neutralize the intent of a crime, this means that it is helpful only in the crimes that are having an intent element. If it is proven that the offender is suffering from insanity, then he might be sent to a mental hospital for treatment.
Mistake of Fact: In some jurisdiction "I made a mistake" is a defense only if the mistake is genuine. This defense is generally used in conjunction with other defense.
Necessity/Lesser Harm: A crime is justifiable if it prevented greater harm than the harm created by the crime. It can be explained as a person charged for trespassing, but he was actually trying to put out a