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Simple English definitions for legal terms

elements of crime

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A quick definition of elements of crime:

Elements of Crime: The different parts that make up a crime, which the prosecution must prove to get a conviction. These parts include what the person did (actus reus), what they were thinking or intending (mens rea), and how their actions caused harm (causation). Other factors like the severity of the crime and any defenses the accused may have can also be considered.

A more thorough explanation:

Definition: The parts that make up a crime. These usually include the act (what the person did), the intent (what the person meant to do), and the cause (what led to the crime). The prosecution must prove all of these parts to get a conviction. The Model Penal Code defines the elements of crime as each part of the act, cause, intent, any factors that make the crime worse, and any defenses that the accused might have.

Let's say someone is accused of stealing a car. To prove that this person committed the crime, the prosecution would need to show:

  • Act: The person took the car without permission.
  • Intent: The person meant to take the car and knew it wasn't theirs.
  • Cause: The person's actions led to the car being taken.

Another example could be someone accused of assault. The prosecution would need to show:

  • Act: The person physically attacked someone else.
  • Intent: The person meant to hurt the other person.
  • Cause: The person's actions led to the other person being hurt.

These examples show how the elements of crime work together. If the prosecution can't prove all of these parts, then the accused can't be convicted of the crime.

elemental fact | Eleventh Amendment

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