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Unit 6
6.1}concept and definition of crime, crime victim and criminal law Crime refers to an action or omission which constitute an offence and is punishable by law. A crime victim may be defined as a person who has suffered physical, sexual , or psychological harm ,property damage , economic or career loss as a result of the commission of a crime. Criminal law is the body of law that defines criminal offences, regulates the apprehension , charging , and trial of suspected persons ,and fixes penalties and mode of treatment applicable to convicted offenders. • Misdemeanors are graded lower than felonies. Punishment options for misdemeanors include the following: • Jail time of one year or less per misdemeanor • Fines • Alternative sentencing such as probation, rehabilitation, and community service • Infractions, also called violations, are graded lower than misdemeanors and have less severe punishment options: • Fines • Alternative sentencing, such as traffic school 6.3 criminal liability and its types. • Liability is the bond of necessity that exists between the wrongdoer and the remedy for wrong. • Civil and criminal liability Remedial and penal liability • Strict liability and vicarious liabillity • Corporate liability. i
is the liability of a person for the act of another cele a
erson is liable for his own actions and not for acts of others
ut in certain cases a person is held liable for the acts of
another, such as Master and servant liability, responsibility of
living person for act of deceased etc
Generally mens rea is considered necessary element to hold
a person responsible . However there are some exceptions to
this rule . A person may be held responsible . Irrespective of
the existence of either wrongful intent or negligence .such as
accident. When ever the infringement of the right of person
occurs, the wrong doer will be held liable , irrespective of fact
injury occurs or not.
There are some good defenses for absolute
liability
Mistake of fact
Mistake of law
Accidental
6.4 elements of crime Doctrine of Transferred malice: Transferred malice, or transferred intent, is the criminal doctrine that states that if D tries to kill A, and accidentally kills B, the intent to kill transfers from A to B, and so D is guilty of murdering B. This is widely viewed as a useful legal fiction. Stages of Crime
Whenever a crime happens intentionally, there are several
stages behind it. In case of every crime there are four stages
Always punishable eo———_
Generally not punishable
but some exceptions are
attached to them
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Stages of Crime
- There are four stages in the commission of
an offence.
(i) Intention
(ii) Preparation
(iii) Attempt
(iv) Actual commission of the offence.
Inchoate crimes are crimes that are unfinished. These crimes are also known as incomplete crimes. One type of inchoate crime is the attempt to commit crime. An attempt to commit crime occurs when a person tries to carry out a crime but fails to do so. Thank you best regard :lasta maharjan law.
