what are the two elements of a crime?
2007-05-15 23:35:56 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Im surprised and frightened at all of the wrong answers the 3 people who said Actus reus and Mens rea are correct...all others are wrong. You need and act...and the mental state.
The reasons motive is not right...not all crimes need motive. Statutory rape or selling alcohol to a minor are strict liability crimes...no motive is needed if you do it you are guilty...period. While other crimes such as 1st degree murder require premeditation. I need to show that you planned the murder to convict you....So the mental state at the time of the act is important...the motive is only evidence of the mental state.
2007-05-16 01:34:32 · answer #1 · answered by Dr. Luv 5 · 0⤊ 0⤋
1
2016-06-10 03:34:40 · answer #2 · answered by Willy 3 · 0⤊ 0⤋
It is generally agreed that the essential ingredients of any crime are (1) a voluntary act or omission (actus reus), accompanied by (2) a certain state of mind (mens rea). An act may be any kind of voluntary human behaviour. Movements made in an epileptic seizure are not acts, nor are movements made by a somnambulist before awakening, even if they result in the death of another person.
2007-05-16 00:52:41 · answer #3 · answered by FRAGINAL, JTM 7 · 2⤊ 0⤋
as a law student, the two elements of crime, are the
actus reus ,is the physical element of the crime
mens rea is the state of mind ( this can be either intention or recklessness as per cunningham. ) Direct or oblique as per, woollin, or mohan.
2007-05-15 23:48:37 · answer #4 · answered by Izzy king 3 · 1⤊ 0⤋
Hello! lalala .
Volition, we all have free will we choose to commit the crime.
And motivation from within one's own mental attitude to carry it out.!
There is no excuse apart from this we all know right from wrong.
Take care!
2007-05-15 23:44:42 · answer #5 · answered by Anonymous · 0⤊ 1⤋
1."Actus reus" The wrongfull act
2."mens rea" The wrong full mind of causing that crime
So both must be satisfied to Make the conviction.
:-)
2007-05-15 23:45:06 · answer #6 · answered by dumi 1 · 1⤊ 0⤋
1- Decision 2- Method.
2007-05-15 23:48:08 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Probably Motive and Procedure.
2007-05-15 23:43:47 · answer #8 · answered by delz 2 · 0⤊ 1⤋
all crimes are a different... but the most generic elements of all crime. 1. "criminal" mental state or "criminal" intent 2. the "criminal" act 3. the concurrence in time of the "criminal" intent and "criminal" act 4.the "criminal" act "caused" harm.
2016-03-19 02:43:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Motive and intent.
2007-05-15 23:50:02 · answer #10 · answered by Anonymous · 0⤊ 1⤋