Test 3 - Test 3 Material Elements of Crime The prosecutor...

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Test 3 Material Elements of Crime The prosecutor must prove that the Criminal act + Criminal intent produce criminal harm. This is called causation. The prosecutor needs to prove concurrence, they occurred together. Criminal Act- In Latin, “Actus Reus”- which means “guilty act” Voluntary act requirement- the act needs to be willed Status vs. Act- status is a condition while act is a behavior We don’t punish status but we do punish acts Failures to Act (Omissions) Vermont has Good Samaritan Law where if you are capable of helping someone you need to do so. Most of the time the omissions are not regarded as criminal acts Exceptions are based upon legal relationships Parent-Child Doctor-Patient Employer-Employee Teacher-Student Social Worker-Client Criminal Intent- In Latin, “Mens Rea” which means “Criminal Mind” Allows us to individualize justice for example you can’t give everyone that kills someone the same sentence due to certain situations they may have been in. Grading Intent (4) 1. Purposefully- Deliberate, Pre-meditated, intentional, and conscious 2. Knowingly- Example- I own a phone service, one of my clients is a prostitute, I get calls and relay them to her, I am aiding and embedding prostitution. Intent not to help her but to make money, but I KNOW what she is doing. Are liable but less. Do something knowingly but not intent to do so.
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3. Recklessly- Often abbreviated in law as conscious risk creation (CRC). Conscious of risk taking but choose to disregard it, but intent was not to commit a serious crime. 4. Negligently- Abbreviated as URC in law, Unconscious risk creation. Did not know the risk although you should have. Example- guy who sold sterno to homeless because he didn’t read the new ones he got Defenses of Criminal Liability- People admit to act but say they have a reason 1. Justifications- ex. Self defense. Necessity- broader concept, needed to do it 2. Excuses- Admit, but I have an excuse a. Ex. Insanity. Generally defined at time of crime you did not know the difference between right and wrong
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Test 3 - Test 3 Material Elements of Crime The prosecutor...

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