Crim law class notes - Crim law class Winship Due process...

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Crim law class Winship Due process clauses protects theagainst convivtion except upon proof beyond a reasonable doubt of every fact necessary to constitute a crime with which he is charged. Elements are the facts that needs to be proven. An element of an offense is an ultimate fact that must be proven to obtain a conviction Mens Rea Is all circumstantial evidence. Evidence that is indirect. Direct is senses. What we see or hear Affirmative Defense True defense –has elements Negater. Heat of passion negates Murder to manslaughter. Unconsciousness negates voluntarily act (Actus Reus) Components of a crime 1) Actus Reus* a. Must be voluntarily 2) Mens Reas* 3) Social Harm a. Not a component to be proven 4) Proximate Causation 5) Actual Causation a. Causation is only an element if the crime is one which requires a result above and beyond the criminal act and mental state Courts will not help lawyer come up with remedies. Can’t be charged if he did it involuntarily.
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Crim law class notes - Crim law class Winship Due process...

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