Quiz 2 Flashcards
Social definition of Crime
Behavior that violates social norms or mores in society
notes: (problem) varies, very subjective, changes, very broad
ex. gambling, drinking
Legal definition of Crime
It has to be an intentional violation of the criminal or penal code
It has to be committed without defense or excuse
It has to be penalized by the state
notes: (problem) non-enforcement issues, over/under criminalization, narrower (less ambiguous)
ex. murder, armed robbery
What are the 7 Elements of Crime
Harm
Legality
Actus Reus
Mens Rea
Causation
Concurrence
Punishment
Harm
External consequence (physical or verbal). *victim
Legality
legally forbidden harm, law can’t be retroactive
Actus Reus
Criminal conduct; intentional reckless action/inaction -causes harm
Mens Rea
Criminal intent or a guilty state of mind
Causation
Casual relationship between harm and Actus Reus (direct)
Concurrence
Actus Reus and Mens Rea are happening at the same time)
Punishment
There has to be a punisment
Reasons for diminished or no capacity for Mens Rea
Acted under Duress
Underage
Insanity
Self Defense
Entrapment
Acted out of Necessity
Acted under Duress
“Gun to the head crimes”. The burden of proof is on the defendant
Underage
Under the age of 7 years old
7-18 years old - reduced Mens Rea
Insanity
Legal Definition
- defendant didn’t know they were doing it
- defendant didn’t know the act was wrong
burden of proof is on defendant
Self Defense
You can defend against violent crimes, not property.
