CRJ 370: Chapter 3 & 4

Criminal Liability

Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or public interest

Question to determine criminal liability

1. Is there a criminal conduct?

2. Is the conduct justified?

3. Is the conduct excused?

Elements of a Crime (What the prosecution has to prove beyond a reasonable doubt

1. Criminal Act

2. Criminal Intent

3. Concurrence

4. Attendant circumstances

5. Bad results (causing criminal harm)

Criminal Act (Actus reus)

The physical element of a crime. A voluntary bodily movement (simple as a muscular contraction)

Criminal Intent (mens rea)

The mental element of a crime. The intent to commit the criminal act.

Concurrence

The criminal intent has to trigger the criminal act

Attendant Circumstances

Facts or conditions connected with or relevant to acts, intentions, causes, or results

Bad Results (causing a criminal harm)

Crimes that include the following elements

• A voluntary act (Actus reus)

• The mental element (mens rea)

• Circumstantial elements

• Causation; and

• Criminal harm