Download It covers topics related to intoduction to crime, elemenst of crime and basics of crime. and more Summaries Criminal Law in PDF only on Docsity! INTRODUCTION TO CRIME WHAT IS CRIME A crime is an offence that requires public condemnation and retribution, typically in the form of a fee or prison sentence. This is distinct from a civil wrong (a tort), which is an action brought against a person and calls for restitution or payment of damages. Criminal offences are often prosecuted by the State or the Commonwealth, whereas a civil action is typically brought by an individual. An individual could also file a criminal complaint, albeit this is extremely uncommon. Torts, or private wrongs, must be distinguished from crimes, or public wrongs. In reality, a single conduct may constitute both a criminal and a tort. For instance, the torts of assault, battery, and wrongful death were allegedly committed by O. J. Simpson in the purported killings of Nicole Simpson and Ron Goldman. Both a criminal investigation (seeking punishment) and a civil lawsuit seeking damages resulted from Simpson's alleged actions. ELEMENTS OF CRIME 1. CRIMINAL ACT (ACTUS REUS) The Latin phrase for a criminal act is actus reus. Every crime must be examined from two angles: the actual deed (actus reus) and the motivation behind it (mens rea). A lawyer must demonstrate that the accused person was accountable for a crime against the law in order to establish actus reus. In fact, the following offences involving words include purgery, verbal threats, conspiracy, and solicitation. On the other hand, while not constituting a criminal act, thoughts might nonetheless support the second requirement of purpose. 2. CRIMINAL INTENT (MENS REA) The mental condition of the perpetrator must be considered for a criminal act to be considered a crime. According to the mens rea hypothesis, a defendant can only be found guilty if they have criminal intent. In general, the definition of a criminal offence considers both the actor's associated mental state as well as the act or omission and its results. For most crimes, all criminal systems demand the presence of criminal intent. DEFINITIONS BY OTHER JURISTS 1. Paul W. Tappen: an intentional act or omission in the violation of criminal law, without justification and sanctioned by the law as felony or misdemeanor. 2. Stephen: crime is an act forbidden by law and which is at the same time revolting to the moral sentiments of the society.
