Criminal Law Flashcards
Define Crime
A body of rules that are created to be prohibited by the public because it causes a threat or harms public safety
Why can it be difficult to define Crime
Changes in attitudes over time
Some acts that used to be crimes may not be anymore
Give an example of a crime that used to be legal
Rape within Marriage
What are the 2 elements of a crime
Mens Rea
Actus Reus
Define Actus Rea
The act committed itself
Define Mens Reus
The intent behind a crime
In a strict liability case, which element of crime is sufficient enough to prove guilty
Actus Rea
What is The principle of legality
The principle of legality is the legal ideal that requires all law to be clear
In a robbery, when would Actus Rea become present
Actus Rea’s prescence would occur as soon as the defendant begins to treat someone else’s property as their own, often by taking it away from the owner
What is a consequence crime
A consequence crime is where the defendant doing something has resulted in a prohibited consequence
What is a conduct crime
Where the actus reus is the prohibited act itself
