Part I Core – Highly Detailed Crime Notes

Resource Description

• The nature of crime

Is an act or omission that harms society and the individuals in it for which a punishment has been determined by the law and is enforced by the state. Any act punishable by the law

A crime is an act or failure to act which break the law, causing harm and is punishable by law. Laws on crime change over time to reflect society’s beliefs and values. 

• The elements of crime

Mens Rea – guilty mind (often referred to as the mental element, but more accurately described as the fault element) requires someone to intend to commit a crime, and to have the mental capacity to have intent. For example, someone who plans to commit a robbery clearly meets the condition of intent. If the robber hits and kills a pedestrian with the car on the way to the robbery, however, the robber cannot be charged with murder because he or she did not intend to kill the pedestrian. The pedestrian is still dead, of course, and the robber will be liable for manslaughter.

Categories: intention, recklessness and negligence

Actus Reus – actual committing of crime (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) To borrow our robber example again, someone can intend to commit a robbery but never actually do it, in which case the robber is not guilty because no conduct occurred. Concurrence requires a connection to be present between intent and conduct. While concurrence is often defined as “at the same time,” it is recognized that sometimes intent and conduct can occur at different points in time and someone can still be guilty.

Causation – that the mens rea and Actus Reus of the accused led to the crime. Someone can intend to commit a crime and engage in criminal conduct, but not actually commit the crime at issue in the court. For instance, if an assassin fires a gun and misses, intent and conduct are present, but causation is not. If the would-be victim later drops dead, the assassin’s bullet was not the cause.

The elements of a criminal offense

Most types of crime need to have 2 elements to be proved before it can be said that a criminal offense has occurred and that the person is criminally liable. These 2 elements are actus reus and mans rea. 

Actus Reus is the guilty act. This is the voluntary commission of an act that breaks the law. Important factors: the act actually took place, it was done by the accused, it was voluntary

Mens rea is the guilty mind. The person must have committed the act with the intention to do so, recklessly or with gross negligence. Important factors: intention (specific desire), recklessness (person could foresee the probability or possibility of harm but acted anyway), negligence (means the person failed to exercise care, skill or foresight)

Strict liability – means that no mens rea needs to be proved. Only Actus Reus needs to be proved. In criminal law, strict liability is liability for which mens rea (Latin for “guilty mind”) does not have to be proven in relation to one or more elements comprising the Actus Reus (Latin for “guilty act”) although intention, recklessness or knowledge may be required in relation to other elements of the offence. The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable (blameworthy) in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea. E.g. traffic offenses

Causation – the act that was performed must also have caused the crime that took place. The act must be the ‘operative and substantial’ cause of the crime. Which means that it must be what was ultimately responsible for the offense. 

Omission – failure to perform an act agreed to, where there is a duty to an individual or the public to act (including omitting to take care) or is required by law. Such an omission may give rise to a lawsuit in the same way as a negligent or improper act.

Impacts of crime 

• The effect on the victim – their family & friends, this impact can be financial, physical, psychological, emotional or a combination of these
• The effect on the community – which is immeasurable, public order, is disrupted & people fear for their property & their personal safety
• The cost to society – this includes the cost of administering the justice system (the courts, prisons, police, legal personnel and so on)

Factors affecting a definition of crime and criminal behaviour

Students should note that this is a complex issue and that crimes are committed for many reasons and often a number of factors influence a persons’ decision to disobey the law. Some of the broad factors which influence a persons’ attitude toward crime include:

1. Social: People, and in particular, their attitude to the law and the authority of the state, are shaped in part by the society they live in. Factors such as upbringing and personal networks can impact, often negatively, upon a persons’ view of the law and respect (or lack of) for it.
2. Economic: People who suffer economic disadvantage can feel “disconnected” from main stream society and its value and hence may feel less respect for the law. Further poverty, in terms of need can also be a factor, particularly in property offences.
3. Genetic: This is a controversial theory, originating in 19th century phrenology studies and more recently in DNA analysis. There is no conclusive evidence to support a genetic based theory explaining criminal behaviour.
4. Political: Individuals and organisations may oppose certain criminal laws (or indeed the whole notion of the state in the case of anarchists) on political grounds. They therefore believe that the law is wrong or unjust and may not feel compelled to comply with the law. Political motives cover the spectrum of criminal behaviour from public order type offences through to violent criminal behaviour.
5. Self interest: Self interest and greed can motivate people to commit crime. It can be seen as an easy road to power and/or wealth.