Actus reus ? The Latin phrase translated into modern English is ?guilty act?. In any criminal case, it is essentially the responsibility of the prosecution to prove ?proof of fault? which can be described in two ways, as a culpability or blame-worthiness. It is necessary for the proof to show that the defendant is guilty in mind.
Causation ? How were the results brought about? It may be a pretty simple process, but it's imperative when putting together any legal case, that the solicitors can be sure without a doubt that the accused were responsible for the omission or act which caused the illegal consequence.
Concurrence ? Guilty action as already been discussed, concurrence basically describes the need for both the guilty action and guilty mind. Concurrence is needed, but not always, in the cases of strict liability. The basic principle is simply, if the guilty action does not coincide with the guilty mind, then no crime has been committed.
Mens area ? This is the mental aspect of criminal law, it can be easily summarized as the idea of motive. A guilty mind in isolation doesn't necessarily make him/her criminally guilty. There are essentially four different kinds of Mens rea, intention, where it was planned. Knowledge, negligence and recklessness are the other circumstances where an individual can be describe as being guilty of the mind. You can find a more elaborate explanation of Mens rea by visiting: http://www.insightempire.com/Criminallawelements/
Intention ? Did they have the foresight to see the consequences and then conjure up the desire to act or fail to act to prevent the consequences? If they are able to prove this scenario, then said individual is not guilty. This concept is very important and is one of the areas that are most widely contested when a case reaches the court.
Recklessness ? This is a type of Mens area, it means the individual falls as being less culpable than intention or knowledge, but that individual still would have been able to prevent the inevitable consequences had he/she not been guilty.
Criminal Negligence ? Inattentive, careless or neglectful. Negligence is as discussed above, another type of Mens rea. In order for an individual to seek criminal negligence, he or she would have had the foresight to see the inherent risk which is responsible for the illegal outcome.
Wilful Blindness ? This is when an individual attempts to avoid liability for a crime by presenting themselves as being unaware of the facts which would otherwise make them liable for the crime. This concept protects them in such situations where people make deliberate attempts to excuse themselves from all liability.
Ignorantia juris non excusat ? A translation of this phrase from Latin to modern English would be ?Ignorance of the Law doesn't excuse?. This is one of the easier aspects of criminal law to follow. Just because he or she may not be fully aware of the law or some of its details, it does not mean that he or she can not be guilty.
Vicarious Liability ? This means that if a group of people are jointly involved in a criminal act, they are all liable for their actions carried out as a group. Typically, in today's criminal cases, there isn't really a vicarious liability as an individual must be responsible to be found guilty.
Corporate Viability ? In the eyes of the law today, corporations as well as companies can be treated as individual people.
Strict Liability ? In cases were strict liability arises, mens rea does not have to be proven, the individual being charged with a strict liability crime, can be found guilty and convicted even if their ignorant or totally unaware of the crime.
Criminal Law In California
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
Both Uchenna Ani-okoye & James Hunt are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Uchenna Ani-okoye has sinced written about articles on various topics from Adsense, Business Loans and Property Agents. Uchenna Ani-Okoye is an internet marketing advisor and co founder of For more information and resource links on Criminal Law visit:. Uchenna Ani-okoye's top article generates over 60500 views. to your Favourites.
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