1. The Nature of Crime Flashcards
what two fundamental elements are needed to be shown in most criminal offences?
mens rea and actus rea
what is mens rea?
intention, the ‘guilty mind’
what is actus rea?
the ‘guilty act’, that the accused person actually committed the crime
what are the 3 levels of mens rea?
intention, recklessness and criminal negligence
what is the concept of causation?
that the defendant’s actions and the harm suffered by the alleged victim have a ‘cause and effect’ relationship
define a ‘strict liability offence’
one where the prosecution only needs to prove that the accused carried out the act, it is not required to show the accused intended to commit the crime
what offences are strict liability offences usually restricted to?
lower level offences
why are strict liability offences limited to minor crimes?
the dramatically lower the level of proof required to achieve a criminal conviction, and in doing so lessen the accused rights in the criminal process
what is a principal in the first degree?
the individual who carries out the actual criminal act
what is a principal in the second degree?
a person who is present at the crime and assists in carrying out the criminal act
what is an accessory before the fact?
a person who assists in the planning and preparation of a criminal offence before it occurs
what is an accessory after the fact?
a person who helps the offender after they have committed the crime. They do not have to have knowledge of the offence before it was committed, but need to know at the time of assisting that a crime had occurred
offences against the sovereign?
treason, sedition
what are the three types of economic offences?
property, white collar, computer
what are regulatory offences?
they are set out by delegated legislation, address day to day situations (e.g. watering your garden when there are water restrictions)
