Running head: ELEMENTS OF CRIMINAL1 Elements of Criminal Act Classification Oscar Rodriguez CRJU235:Foundations of Criminal Law and Procedure Ms. D. Kidd January 20,2017
Running head: ELEMENTS OF CRIMINAL2 Elements of Criminal Act Classification When it comes to defining a criminal act it could be defined as being punished by the law of the States with the guidance of The Unites States Constitution and also through the use of the model penal code. There are five elements that are responsible for the basic elements of criminal law such as (1) Actus reus, or a guilty act;(2) mens rea, or a guilty intent; (3) Concurrence, or the coming together of the criminal act and the guilty mind; (4) Causation that is the link between the act and the legal definition of the crime;(5) the harm done, resulting in social harm of the criminal act. (Gaines & Miller, 2016, P81) There is different types of defense, the ones based on justification, base on excuse and burden of prooffailure of proof vs. true defenses, mitigating vs. complete defenses (Garland, 2012, p.144-147). On November 26, 2007, at approximately 1:30 a.m. there was some noise heard by pro football player Sean Taylor in his house so he decided to investigate by grabbing a machete from under his bed for protection. He was surprised by one of the intruders, a seventeen-year-old by the named of Eric Rivera, who shot Taylor with a handgun (Gaines & Miller, 2016, P76). The bullet had torn through Taylor’s upper right thigh, going through his femoral artery meaning one of his main artery that caused rapid and extensive blood loss(Gaines & Miller, 2016, P76). On any given night during the professional football players regular season, the house would have
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