ingredients of a crime

1. Ingredients of a Crime Officer Marc S. Gray

3. Ingredients of a Crime As has been discussed, one of the major problems faced in defining crime is the fact that it is a relative term; one which changes according to time, circumstances, and place. Crime is also a legal term. As a result, there is no uniform legal definition of specific crimes in the United States, since the determination of what constitutes a crime rests with individual jurisdictions.

4. Ingredients of a Crime Therefore, the federal government and each of states has its own body of criminal statutes which define specific crimes. Thus, crime definition and the punishments mandated for them vary from state to state and jurisdiction to jurisdiction.

5. Ingredients of a Crime Although the specific definition of crimes vary, every definition specifies that, in order for a crime to occur, an act or omission must: (1) be a legal wrong (2) prohibited by criminal law (3) prosecuted by the state (4) in a formal court proceeding, and (5) for which a criminal sanction or sentence may be imposed.

6. Ingredients of a Crime Another important aspect of criminal law is that a crime can only occur if certain necessary ingredients or elements are met. In order to prove that a crime occurred and that it was committed by a specific person or persons, it is necessary that the corpis delecti be established by the prosecution. Corpus Delecti literally means the �body of the crime.� This means that the essential ingredients that establish the act as a crime must be present.

7. Ingredients of a Crime Criminal Law in the United States recognizes the existence of the same common ingredients or elements in every criminal act, regardless of jurisdiction. These ingredients are interrelated and, in order for an act or omission to be considered a crime, all of the elements must be present. Most jurists and other professionals in the field of criminal justice agree that there are seven essential ingredients or elements that must be present in order for a crime to have been committed by an accused offender.

8. Ingredients of a Crime These ingredients or requirements are: (1) legality (2) actus reus or the act itself (3) harm (4) causation (5) mens rae or intent (6) concurrence (7) punishment

9. Ingredients of a Crime It is important to remember that, in order for a crime to be committed, all of these seven ingredients must be present. If the defense can prove in a trial that any one requirement is absent, such as intent, then the accused is innocent because a crime had not been committed.

10. The Legality Requirement The concept that a crime is a legal definition of prohibited behavior or omission has been discussed in previous lessons. The legality ingredient of a crime is based on the principle that a human behavior cannot be classified as a crime if a law does not exist that defines that act as a legally prohibited offense. This is an ancient understanding of law and in Latin is referred to as nullum crimen sine lege or �no crime without law.�

11. The Legality Requirement Legality is one of the most important and cherished concepts in American Law. A very important aspect of the legality requirement of crime is that people cannot be expected to obey a rule that does not already exist in law. As a result, the nations criminal justice system is only interested in those acts which are specifically forbidden by the penal code(s). An act must be legally forbidden in order for it to be a crime.

12. The Legality Requirement Another aspect of the legality ingredient is the concept that the legislature cannot create a law today which holds people responsible for something they did or did not do yesterday. In other words, it is impossible to require people to obey a law which does not exist. Further, the penalty for a crime cannot be retroactively changed. Therefore, criminal laws are only binding on people form the date that they become effective.

13. The Legality Requirement Laws which attempt to either make an act illegal at a later date or which retroactively increase the definition and penalty for a crime are called ex post facto laws. The Latin term ex post facto means �after the fact�. Article 1, Section 9 and 10 of the Constitution specifically prohibit federal and state governments from enacting ex post facto laws.

14. The Legality Requirement The ex post facto clause of the Constitution specifically forbids the following: (1) creating a criminal law and making it retroactive so as to make behavior before the enactment of the law a criminal offense. (2) laws aggregate or increase a crime retroactively, such as making a misdemeanor offense a felony retroactively (3) laws that increase the punishment for a crime retroatively (4) laws that change the legal rules of evidence and permit conviction on less or different evidence and testimony that the law required at the time of the commission of the offense.

15. The Act or Ingredient or Actus Reus A basic premise or concept of criminal law is that, in order for a crime to have been a crime to have been committed, a person must perform an act or omission which is a violation of a law. Therefore, the human act is one of the most essential ingredients of a crime. The concept of the act requirement is very old and can be traced to the actus reus, which legally means the �guilty act.�

16. The Act or Ingredient or Actus Reus Criminal law describes what specifically constitutes the physical act or omission of every defined criminal act. The physical act which a violation of the criminal statute defines for every crime is contained in the jurisdiction�s penal code.

17. The Act or Ingredient or Actus Reus For example, the Texas Penal Code (�19.04) states that a person commits manslaughter �if he recklessly causes the death of an individual.� The definition of manslaughter, therefore, requires a physical act by an offender, that is recklessly causing the death of another. Thus, unless a person recklessly caused the death of another, that individual cannot be charged and prosecuted for manslaughter.

18. The Act or Ingredient or Actus Reus Another aspect of actus reus is that there is a distinction between an act and a status or a condition. An individual cannot constitutionally be penalized for having a condition, such as being an alcoholic or a drug user. Under the American system of law, in order for a person to a criminal, he/she must do something criminal; that is, the offender must commit a criminal act.

19. The Act or Ingredient or Actus Reus Although the actus reus requirement appears to be rather clear, there are certain circumstances where a crime can be committed when an actual forbidden act has not occurred. For example, most jurisdictions define �omission,� or the failure to act when legally required to do so, as a crime.

20. The Act or Ingredient or Actus Reus The following provides a brief summary of those special circumstances in which a crime can occur without a criminal act actually being committed. Omission- A person can commit a crime in a situation in which he/she is required by law to act and that person does not do so. Child neglect is an example of criminal omission.

21. The Act or Ingredient or Actus Reus Threat- Threatening to commit a criminal act can be a crime in and of itself. The federal government and most states define as a crime the act of �communicating threats.� For example, an individual who threatens in words or writing the President�s life has committed a crime.

22. The Act or Ingredient or Actus Reus Attempt- If a person attempts to commit a crime, but is unsuccessful in that attempt, that individual is guilty of �attempting a criminal activity.� Therefore, a planned act that was attempted, but not accomplished, is a crime. (ie. The Texas Penal Code �15.05 states � a person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.�

23. The Act or Ingredient or Actus Reus Conspiracy- Conspiracy is the crime of agreeing with another to join together for the purpose of committing a crime. The legal term conspiracy also means agreeing to use illegal means to commit an act which would otherwise be lawful. In a conspiracy, the unlawful act does not have to be attempted or successfully completed in order for a crime to have occurred. For example, if two persons conspire to kill a third person and purchase the gun and ammunition required to commit homicide, they have committed the crime of conspiracy.

24. The Harm Requirement The purpose of every criminal statute is to deter or prevent something forbidden or evil from occurring; that is, to prevent harm. Therefore, all crimes are defined as requiring the element of potential harm. For example, homicide is legally forbidden because society does not want its citizens to kill other people without just cause.

25. The Harm Requirement Most crimes are grouped together in penal codes in accordance with the type and potential harm which each crime entails. For example, offenses against persons are generally grouped together and reported for criminal justice purposes as crimes against people. Offenses against property are also grouped together and reported as crimes against property.

26. The Harm Requirement The concept that a crime must include the element of harm is reflected in our nation�s concept of due process. Due process holds that a criminal law is unconstitutional if it does not have a reasonable relationship to the matter of injury to the public. However, it is very important to understand that the concept of criminal harm is not limited to physical harm.

27. The Harm Requirement Not all criminal harm results in a physical injury to other people or to their property. An individual commits a crime when he/she does something which violates society�s values or endangers the well being of the nation. Therefore, the harm ingredient in criminal law includes non-material or intangible harm, such as harm to public safety, institutions, and personal reputation.

28. The Harm Requirement Certain crimes, termed victimless crimes, do not contain the element of harm to another person or to their property. These offenses involve behaviors which are deemed to be illegal because they are viewed as harms against society as a whole. Victimless crimes include offenses such as prostitution, illegal drug use, sexual deviance, and gambling.

29. The Causation Ingredient The causation ingredient relates specifically to those types of crimes which require that an offender�s conduct produce a given result. In other words, the causation requirement indicates that a clear link must exist between the act committed and the harm caused by the act. Therefore, the causation ingredient requires that the person committing the offense must cause harm directly through his/her action or inaction without interference from another person.

30. The Causation Ingredient It is important to understand that certain crimes, such as perjury and forgery, are defined so that the offense consists of both the act itself and the intent of the offender to cause the harmful result. In these types of crimes, it does not matter whether or not the result occurs. The definition of these crimes indicates the intent to cause harm.

31. The Causation Ingredient In other types of crimes, the penal code requires that a specific harm to another person occur as the result of the act. Examples of these types of crime include homicide, assault, battery, and rape.

32. The Causation Ingredient The Texas Penal Code (�22.02) defines aggravated assault as a crime where �the person: (1) causes serious bodily injury to another, including the person�s spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault.� Thus the penal code establishes the link between the assault and serious bodily harm to the victim as a requirement of the crime of aggravated assault.

33. The Intent Requirement or Mens Rae The basic ingredient of every crime is the presence of criminal intent. Intent is concerned with the mental component of a crime; that is, the presence of mens rae or the �guilty mind� of the accused. The concept of mens rae is based upon the belief that people can control their behavior and, therefore, can choose alternative forms of conduct.

34. The Intent Requirement or Mens Rea Intent, therefore, includes the requirement that the criminal act be committed voluntarily and knowingly by the offender. The concept of mens rea suggests �blameworthiness�; that is, that the person who commits a crime should have known better. Criminal intent or mens rea also includes such states of mind as negligence, recklessness, concealing criminal knowledge (scienter), and criminal purpose.

35. The Intent Requirement or Mens Rae According to the criminal intent or mens rea requirement, an individual cannot be convicted of a crime unless it is proven that the offender knowingly, willingly, or intentionally committed the alleged criminal act. For the prosecution, proving criminal intent is far more difficult than proving actus reus, the �guilty mind�, because mens rae demands an evaluation by the trier of fact Ijury and/or judge) of the motives, psychology and intent of the accused.

36. The Intent Requirement or Mens Rae This mental requirement of criminal intent is contained in criminal statutes defined by the following degrees: (1) intentionally, the highest degree (2) knowingly (3) recklessly (4) negligent

37. The Intent Requirement or Mens Rea The US Supreme Court has never announced a doctrine requiring proof of mens rea in all criminal cases. Therefore, states are generally free to define criminal laws that do not require proof of mens rea or to create criminal statutes that identify different degrees of mental guilt. However, if mens rea is a defiend ingredient of a crime, the prosecution must then prove the existence of this essential element of the crime.

38. The Intent Requirement or Mens Rea Since most people know what they are doing and usually know the probable consequences of their acts, it is reasonable for a jury or judge to assume that the accused intended the natural consequences of his/her delibrate acts. For example, a person who points a loaded gun at another and pulls the trigger knows the natural and probable consequences of this act. Incriminating statements or a confession statement can also be used.

39. The Intent Requirement or Mens Rea Under American law, in order for a person to be found guilty of committing most crimes, the prosecution must prove that the accused committed the physical act or actus reus itself and that the accused intended to do so with the full knowledge of the consequences of the act. There are two levels or types of intent specified in the American system of law: general intent and specific intent.

40. The Intent Requirement or Mens Rea General Intent- General intent indicates a state of mind in which the offender is not concerned for the welfare of others or with the consequences of his/her actions. Specific Intent- Specific intent is involved in a large number of crimes and forms the basis of many criminal prosecutions. Specific intent means that the accused decided to commit the offense before actually committing the crime.

41. The Concurrence Ingredient Thinking about committing a crime without actually performing the criminal act is not a crime. Therefore, if someone with criminal thoughts does nothing to carry out those thoughts, no crime has been committed. The state cannot punish evil or criminal thoughts alone.

42. The Concurrence Ingredient Therefore, another basic ingredient of a crime is that the mens rea intent must concur or coexist with the actus reus or criminal act; that is, the intent and the act must occur about the same point in time.

43. The Concurrence Ingredient In order for a crime to have been committed, the criminal act must concur with an equally guilty or criminal mind. The law requires that a person�s behavior must be the approximate cause of the harm which results from the criminal act. Therefore, concurrence has not occurred when a considerable period of time takes place between the original intent to commit an act and the actual commission of the criminal act.

44. The Intent Requirement or Mens Rea A basic ingredient of every crime is the presence of criminal intent. Intent is concerned with the mental component of a crime, that is, the presence of mens rea or �the guilty mind� of the accused. The concept of mens rea is based upon the belief that people can control their behavior and, threfore, can chose alternative forms of conduct.

45. The Intent Requirement or Mens Rea In other words mens rea assumes that no one has to commit a crime because, instead of committing an offense, they could chose to something that is not illegal. Intent, therefore, includes the requirement that the criminal act be committed voluntarily and knowingly by the offender. Criminal Intent or mens rea also includes such states of mind as negligence, recklessness, concealing criminal knowledge, and criminal purpose.