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| Criminal law |
|---|
| Part of the common law series |
| Criminal elements |
| Actus reus · Causation · Concurrence |
| Mens rea · Intention · Recklessness |
| Criminal negligence · Ignorantia juris… |
| Strict, Corporate & Vicarious liability |
| Crimes against people |
| Assault · Battery · Robbery |
| Sexual offences · Pimping · Rape |
| Kidnapping · Manslaughter · Murder |
| Crimes against property |
| Property damage · Arson |
| Theft · Burglary · Deception |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Malfeasance in office |
| Inchoate offenses |
| Attempt |
| Conspiracy · Accessory |
| Criminal defenses |
| Automatism, Intoxication & Mistake |
| Insanity · Diminished responsibility |
| Duress · Necessity |
| Provocation · Self defence |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
The actus reus — sometimes called the external element or the objective element of a crime — is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, i. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. e. , the "guilty mind", produces criminal liability in common law-based criminal law jurisdictions Canada, Australia, New Zealand, England, Scotland and the United States. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page For a topic outline on this subject see List of basic Australia topics. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. The United States of America —commonly referred to as the In the United States, some crimes also require proof of an attendant circumstance. Attendant circumstance (sometimes external circumstances) is a legal concept which Black's Law Dictionary defines as the " Facts
Contents |
Concepts
The terms actus reus and mens rea developed in English Law, are derived from the principle stated by Edward Coke (pronounced "Cook"), namely, actus non facit reum nisi mens sit rea,1 which means: "an act does not make a person guilty unless (their) mind is also guilty", i.e., the general test is one that requires proof of fault, culpability or blameworthiness both in behaviour and mind. Sir Edward Coke (pronounced "Cook" ( 1 February 1552 &ndash 3 September 1634) was an early English colonial Entrepreneur F G H I L Culpability descends from the Latin concept of fault ( Culpa) which is still found today in the phrase Mea culpa (literally "my In this respect, the role of automatism is highly relevant in providing a positive explanation of the need to demonstrate the voluntariness of the behaviour for it to found liability. For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Once the actus reus has been established in a conventional offence, there must be a concurrence of both actus reus and mens rea (and in the United States, for some crimes, an attendant circumstance) to justify a conviction. In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime.
There are some exceptions to the general rule that a "guilty mind" must be proved. Most legislatures create so-called strict liability offences, which criminalise the behaviour without the need to prove a mens rea in relation to all the actus reus elements. Strict liability is a Legal doctrine that makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of Culpability (or fault An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions The majority of these offences are either quasi-criminal or relatively low fault instances of behaviour. Even in these cases, liability may sometimes still be negated if automatism is present.
When discussing the nature of an actus reus or guilty act, legal scholars distinguish between:
- commissions, "conduct" or affirmative and positive "acts"; and
- omissions or failures to act.
- Commonwealth legal scholars add a third class, namely a state of affairs.
The first two are subject to a requirement of causation and the third may or may not require an element of voluntariness depending on the interpretation of the actus reus and the seriousness of the offence. Causation is the "causal relationship between conduct and result An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions
The definition of each offence, whether common law or statutory, will always include the factual components necessary to constitute the actus reus. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Some of these facts will be:
- Contextual: this describes the time or general circumstances during which the key components were allegedly committed, e. g. , that a vehicle was driven at night with defective lights or that injuries were caused while resisting lawful arrest;
- The key elements considered sufficiently antisocial that they should be proscribed, e.g., driving a vehicle dangerously. An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions C D E This will usually be based on one or more adverbs which qualify the conduct verbs to describe more clearly the way in which the accused must have acted (note that the majority of the adverbs relate to the mens rea requirement, e. g. , dishonestly, maliciously, and wilfully; even the quality of "danger" is dependent on the mens rea, say, because the defendant drove the vehicle knowing it to have defective brakes or recklessly at excessive speed, so great care must be taken in identifying such elements specific to the actus reus). An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions
- Consequential: this describes the result or outcome required to constitute the offence, e. g. , that a victim was injured, was deceived, or suffered loss in some material way or that the behaviour "annoyed", "offended", "outraged", "obstructed" or "endangered" one or more identifiable individuals (see criminal jurisdiction where the terminatory theory is based on the prohibited consequences occurring within the territory of the court). Criminal jurisdiction is a term used in Constitutional law and Public law to describe the power of Courts to hear a case brought by a state accusing
Act
For both common law and statutory offences, establishing the detailed list of elements necessary to constitute the offence and their scope is a matter of interpretation which may require the courts to review and revise precedents to ensure that the current interpretations match the current needs. An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial For example, if an offence uses a verb such as "inflict" or "enter", it is for the courts to lay down the factors by which to distinguish the forms of action that might satisfy the requirement. Burglary requires "entry as a trespasser" so if the accused cut a hole in a window and introduced a fishing rod into the room to catch jewellery, would this be an entry? Equally, if a surgeon performs a life-saving operation knowing that the patient did not consent, did he or she inflict injury by cutting open the patient as victim with a knife? At times, these decisions will have profound moral and practical implications for a society, with the rulings of judges and the findings of juries reflecting prevailing attitudes on issues as controversial as euthanasia and assisted suicide, sexual relationships, and the various forms of business activities that should or should not be crimes. A society is a Population of Humans characterized by patterns of relationships between individuals that share a distinctive Culture and Institutions A judge, or justice, is an Official who presides over a Court of law A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them Euthanasia (literally "good death" in Ancient Greek) refers to the practice of ending a life in a painless manner Assisted suicide is the process by which an individual who may otherwise be incapable is provided with the means (drugs or equipment to commit Suicide. By altering the interpretation of the elements of a crime, courts may in effect criminalise behaviour retrospectively. An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions
Taking a more everyday example, most legislatures create offences which regulate road traffic. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the Common law Regulatory offences or quasi-criminal offences are a class of crime in which the standard for proving Culpability has been lowered so a Mens rea A lesser included offense, in Criminal law, is a crime for which all of the elements necessary to impose Liability are also elements found in a more serious crime Causation is the "causal relationship between conduct and result In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In English Criminal law, intention is one of the types of Mens rea ( Latin for "guilty mind" that when accompanied by an In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In English Criminal law, incitement is an anticipatory Common law offence and is the act of persuading encouraging instigating pressuring or threatening In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In Criminal law, the doctrine of common purpose, common design or joint enterprise refers to the situation where two or more people embark on a project In the Criminal law, consent may be an Excuse and prevent the defendant from incurring Liability for what was done For duress in US law see Duress Duress in English criminal law is a complete common law defence operating in favour of those who commit For the discussion on general principles and policy see Necessity In English law, the defence of necessity recognises that there may In English Criminal law, the defence of self-defence provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the For a description of the general principles see Provocation (legal. For the law in other Criminal jurisdictions see Diminished responsibility. The M'Naghten Rules (pronounced and sometimes spelled McNaughton) were the first serious attempt to Codify and rationalise the attitude of the criminal law towards In Criminal law, a common assault is a Crime when the Victim apprehends immediate use of unlawful violence by the Defendant or the Defendant Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20 The Offences Against the Person Act 1861 (24 & 25 Vict c100 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. In English law, murder is considered the most serious form of Homicide, in which one person kills another either intending to cause death or intending to For a discussion of the law in other countries see Manslaughter In the English law of Homicide, manslaughter is a less serious Corporate manslaughter is a Criminal offence in English law, being an act of Homicide committed by a company. Harassment refers to a wide spectrum of offensive behaviour The term commonly refers to behaviour intended to disturb or upset and when the term is used in a legal sense it refers In English law causing criminal damage was originally a Common law offence. In English law causing criminal damage was originally a Common law offence. The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and Violence. For the law of Tort, see Nuisance In the English Criminal law, public nuisance is a class of Common law offence The Theft Act 1968 (1968 c60 is an Act of the Parliament of the United Kingdom, governing most of the general property offences in English law. In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Dishonesty is a word which in common usage may be defined as the act or to act without honesty a lack of probity to cheat lying or being deliberately deceptive lacking in Robbery is the Crime of seizing Property through Violence or Intimidation. A TWOC can also be a medical procedure - a trial without Catheter TWOC is an Acronym standing for Taking Without Owner's Consent. In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 Blackmail is the crime of threatening to reveal substantially true information about a person to the public a family member or associates unless a demand made upon the In English Criminal law, handling takes place after the Theft is completed and is committed by a fence or other person who helps the thief to realise The Theft Act 1978 supplemented the earlier Deception offences in English law contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those Forgery is the process of making adapting or imitating objects statistics or documents (see False document) with the intent to deceive. The Fraud Act 2006 (2006 c35 is an Act of Parliament in the United Kingdom, affecting England and Wales and Northern Ireland. Computer crime, Cybercrime, e-crime, hi-tech crime or electronic crime generally refers to criminal activity where a Computer Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Although humans and the words used to require a test of whether particular driving was or was not dangerous have remained remain relatively unchanging, technology has steadily evolved. Many cars are now fitted with sophisticated computerised systems to help control the vehicle while braking and so reduce the risk of skidding. If a car does skid and injures a pedestrian because, in all the circumstances, it was travelling at an excessive speed, should there be a variable test of dangerousness depending on whether the particular car was fitted with one or more of the additional safety devices? The difficulty is that the speed at which it would be dangerous to drive an unmodified car might be entirely safe in the same road conditions in a car with the relevant devices installed. The answer is that each court will make a decision based on the particular set of facts before it but will always require a certain minimum level of skill from the driver. Hence, an inexperienced driver cannot use the lack of skill as an excuse. Conversely, whether a person with vast experience as an international rally driver should show a greater than average level of skill in ordinary driving conditions is usually only a matter to be considered in sentencing. In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function
Hill V Baxter held that the act must be voluntary for the defendant to be guilty; however, State of Affairs cases contradict this, as seen below.
Omission
- See main article omission (criminal)
An omission is failing to do something. In the Criminal law, an omission, or failure to act will constitute an Actus reus ( Latin for "guilty act" and give rise to liability Judge Stephen J held that an omission cannot make a person guilty - the following scenario highlights this statement: "A sees B drowning. A does nothing to help B. B drowns. A is in no way responsible for failing to help or to summon help. " Having said this, there are exceptions to this rule - where the defendant owed the victim some sort of duty.
- A contractual duty. In R v Pittwood, a railroad crossing guard failed to do his duty and shut the gate onto the rail road. A person walked through the gate, was hit by a train and killed; the gate keeper was guilty of manslaughter.
- A duty because of a relationship (usually parent and child). In R v Gibbons and Proctor, the defendant and his wife failed to feed his young daughter; she died through malnourishment.
- A duty taken on voluntarily. In R v Stone and Dobinson, the defendant voluntarily took on the duty to look after Stone's elderly sister, who was unable to take proper care of herself. She died as a result of their lack of proper care.
- Through one's official duty. In R v Dytham, the defendant was a police officer who witnessed an assault take place. He did not intervene and failed to summon help. He was guilty of the victim's injuries because of his failure to act as a police officer.
- When a person has set in motion a chain of events which they, knowingly, allow to continue. In R v Miller, the defendant was a squatter staying in a house. He fell asleep whilst holding a lit cigarette, and set fire to the room he was in. Instead of putting the fire out, or calling for help, he moved to another room to sleep there instead; the defendant was guilty of arson.
As well as omissions in Criminal Law, there are also omissions in the Law of Tort (Negligence), such as -
- Failing to act despite the duty of care owed to another person. For example, a mother allows a 3 year old child to drown when they could have been easily saved without any risk to them.
It is important to understand that the law does not, in nearly all instances, criminalise a person for not doing something. There is, sometimes, a moral issue which clouds judgment. A person may be morally wrong, but that does not mean they are criminally liable.
State of affairs
These are offences that occur even though the defendant didn't act voluntarily. A number of offences are defined as a situation or context, e. g. , "being found within enclosed premises" and "being drunk in charge of a motor vehicle". These are usually strict liability and a conviction can be sustained even though an accused did not act in a wholly voluntary manner. Hence, if a person falls asleep in a quiet corner of a library and is locked in by inadvertent staff, the offence will be committed, but the relatively low level of fault could be reflected in the sentence. In Martin v State (1944) 31 Ala App 334 17 So 2d 427. Martin was arrested at home and taken onto the highway by police officers, where he showed signs of being drunk. His conviction for being drunk on a public highway was quashed because his arrival on the highway was not voluntary. Whereas in R v Larsonneur (1933) 24 Cr. App. R. 74 Larsonneur, a French citizen, was served with an order requiring her to leave the UK and not return. Instead of returning to France, she travelled to Ireland, and was deported back to England where she was arrested for "being found in the United Kingdom". The Court of Criminal Appeal held that the involuntary circumstances under which she was returned were "perfectly immaterial". In Winzar v Chief Constable of Kent (1983) The Times, 28 March 1983, where the charge was one of being "found drunk on a highway" contrary to s12 Licensing Act 1872, Winzar had originally been found drunk in a hospital and asked to leave. When he failed to do so, police officers removed him to their patrol car, which was parked on the highway outside, and then charged him with the offence in question. Upholding the conviction, Goff LJ. pointed out that a distinction would otherwise have to be drawn between the drunk who leaves a restaurant when asked to do so and the drunk who is forcibly ejected after refusing to leave. If both are arrested in the street shortly afterwards, it would be wrong for the courts to regard the former as guilty and the latter as not. But the U. S. approach of abuse of process might prevail if the police were to drag a person from his own bed and into the street before charging him with being found drunk on a highway. Abuse of process is a Common law intentional Tort. It is to be distinguished from Malicious prosecution, another type of tort that involves misuse of the
References
1 Coke's Institutes, Part III (1797 edition) chapter 1, folio 10.
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