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Unformatted text preview: Lecture 6 15:30 Procedural vs. Substantive Criminal Law-Prosecutors have a lot of discretion as to whether or not he/she wants to punish a crime-Principle of Legality : There’s a legal duty to prosecute every state where there is sufficient evidence (in other countries)-Politicality : Only rules made by the federal government or legislator can be considered laws Actus Reus: Human conduct any physical behavior Voluntary act something intended (doesn’t exist when there’s mental illness, intoxication) Mens Rea (State of mind, Blameworthiness, “Guilty Mind”) that accompanies a criminal act It is complex Varies by crime Includes recklessness or negligence-You need to have intent with regard to a specific action for it to be a crime-Mens Rea means that you must want to cause crime the motive is important but the motive is NOT intent and is NOT mens rea...
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- Spring '12
- criminal law, Statutory rape, actus reus, crime Mens Rea, mens rea difference