What are the elements of a crime that must exist for a person to be convicted of a crime?

4.1 Criminal Elements

Learning Objectives

1. List the elements of a crime.
2. Ascertain the criminal deed element.
3. Place three requirements of criminal act.
4. Describe an exception to the criminal deed chemical element.
5. Ascertain three situations where an omission to act could be criminal.
6. Distinguish between actual and constructive possession.
7. Identify the criminal intent element required when possession is the criminal act.

Crimes can be broken down into elements, which the prosecution must prove beyond a reasonable doubt. Criminal elements are set along in criminal statutes, or cases in jurisdictions that allow for mutual-law crimes. With exceptions, every law-breaking has at least three elements: a criminal act, also called actus reus; a criminal intent, besides called mens rea; and concurrence of the two. The term deport is often used to reverberate the criminal act and intent elements. As the Model Penal Lawmaking explains, "'conduct' means an action or omission and its accompanying state of mind" (Model Penal Code § 1.xiii(5)).

Figure 4.i Criminal Code of Georgia

Think from Chapter 1 "Introduction to Criminal Law" that not all crimes require a bad issue. If a offense does require a bad result, the prosecution must also prove the boosted elements of causation and impairment.

Some other requirement of some crimes is attendant circumstances. Attendant circumstances are specified factors that must be present when the law-breaking is committed. These could include the criminal offense's methodology, location or setting, and victim characteristics, amidst others.

This affiliate analyzes the elements of every law-breaking. Chapter 7 "Parties to Crime" through Affiliate 13 "Crimes confronting the Regime" analyze the elements of specific crimes, using a full general overview of most states' laws, the Model Penal Code, and federal law when appropriate.

Case of a Crime That Has Just Three Elements

Janine gets into a fight with her boyfriend Conrad after the senior prom. She grabs Conrad's car keys out of his hand, jumps into his motorcar, and locks all the doors. When Conrad strides over to the machine, she starts the engine, puts the machine into drive, and tries to run him down. It is nighttime and difficult for Janine to see, then Conrad easily gets out of her mode and is unharmed. However, Janine is thereafter arrested and charged with attempted murder. In this case, the prosecution has to prove the elements of criminal act, criminal intent, and concurrence for attempted murder. The prosecution does not have to prove causation or that Conrad was harmed because endeavour crimes, including attempted murder, do not have a bad effect requirement. Attempt and other incomplete or inchoate crimes are discussed in Affiliate eight "Inchoate Offenses".

Criminal Human action

Criminal act, or actus reus, is generally divers as an unlawful bodily move (N.Y. Penal Constabulary, 2010). The criminal statute, or example in jurisdictions that allow common-law crimes, describes the criminal act element.

Figure 4.2 Alabama Criminal Code

The Requirement of Voluntariness

One requirement of criminal act is that the defendant perform it voluntarily. In other words, the defendant must command the act. It would non serve the policy of specific deterrence to punish the accused for irrepressible acts. The Model Penal Code gives the following examples of acts that are not voluntary and, therefore, not criminal: reflexes, convulsions, bodily movements during unconsciousness or slumber, acquit during hypnosis or resulting from hypnotic suggestion, or a actual movement that otherwise is non a product of the endeavor or decision of the player, either witting or habitual (Model Penal Code § ii.01 (2)). I voluntary act is enough to fulfill the voluntary act requirement. Thus if a voluntary human activity is followed past an involuntary one, the court may still impose criminal liability depending on the circumstances (Govt. of Virgin Islands v. Smith, 2010).

Example of an Involuntary and Noncriminal Act

Perry is hypnotized at the local county fair. The hypnotist directs Perry to smash a banana cream pie into his girlfriend Shelley's face. Smashing a pie into a person's face is probably battery in most states, merely Perry did not commit the deed voluntarily, then he should not be convicted of a crime. Punishing Perry for battery would non specifically deter Perry from performing the act again while hypnotized considering he is non in control of his behavior when experiencing this mental state.

Case of a Voluntary Act Followed by a Nonvoluntary Human activity

Timothy attends a political party at a friend'southward house and consumes several spectacles of blood-red wine. Timothy then attempts to bulldoze his vehicle habitation. While driving, Timothy passes out at the cycle and hits another vehicle, killing its occupant. Timothy tin can probably be bedevilled of one or more crimes in this situation. Timothy's acts of drinking several glasses of vino and and then driving a vehicle are voluntary. Thus even though Timothy got into a machine accident while unconscious, his involuntary act was preceded by conscious, controllable, and voluntary action. A penalisation in this instance could specifically deter Timothy from drinking and driving on another occasion and is appropriate based on the circumstances.

Status as a Criminal Act

Generally, a defendant's condition in society is not a criminal human activity. Status is who the defendant is, not what the defendant does. Similar to penalisation for an involuntary human action, when the government punishes an individual for condition, it is substantially targeting that individual for circumstances that are outside his or her control. This punishment may exist savage and unusual pursuant to the 8th Amendment if it is disproportionate to the accused'south behavior.

In Robinson v. California, 370 U.S. 660 (1962), the US Supreme Court held that it is unconstitutional equally cruel and unusual penalisation pursuant to the 8th Subpoena to punish an private for the status of being a drug addict—fifty-fifty if the drugs to which the defendant is addicted are illegal. The Court compared drug habit to an illness, such as leprosy or venereal disease. Punishing a defendant for being sick not but is inhumane but likewise does non specifically deter, similar to a penalization for an involuntary act.

If the defendant tin control the actions at issue in spite of his or her status, the defendant's conduct can be constitutionally criminalized and punished pursuant to the Eighth Amendment. In Powell five. Texas, 392 U.S. 514 (1968), the US Supreme Court upheld the defendant's conviction for "drunk in public," in spite of the accused'due south status as an alcoholic. The Court held that it is difficult but not impossible for an alcoholic to resist the urge to drink, so the behavior the statute criminalized was voluntary. Also, the Court ruled that the state has an involvement in treating alcoholism and preventing alcohol-related crimes that could injure the defendant and others. Pursuant to Powell, statutes that criminalize voluntary acts that ascend from status are ramble under the Eighth Subpoena.

Example of a Constitutional Statute Related to Status

Refer to the example in Section four "Case of a Voluntary Human action Followed past a Nonvoluntary Human action", where Timothy drives nether the influence of booze and kills another. A land statute that criminalizes killing another person while driving under the influence is ramble as applied to Timothy, even if Timothy is an alcoholic. The state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure or kill Timothy or some other person. Timothy's deed of driving while intoxicated is voluntary, even if his status as an alcoholic makes it more than difficult for Timothy to control his drinking. Thus Timothy and other alcoholic defendants tin be prosecuted and punished for killing another person while driving nether the influence without violating the 8th Subpoena.

Thoughts equally Criminal Acts

Thoughts are a part of criminal intent, not criminal act. Thoughts cannot be criminalized.

Example of Noncriminal Thoughts

Brianna, a housecleaner, fantasizes about killing her elderly client Phoebe and stealing all her jewelry. Brianna writes her thoughts in a diary, documenting how she intends to rig the gas line so that gas is pumped into the house all night while Phoebe is sleeping. Brianna includes the date that she wants to kill Phoebe in her most recent diary entry. As Brianna leaves Phoebe's house, her diary accidentally falls out of her handbag. Later, Phoebe finds the diary on the floor and reads it. Phoebe calls the police, gives them Brianna's diary, and insists they abort Brianna for attempted murder. Although Brianna's murder plot is sinister and is documented in her diary, an abort is improper in this case. Brianna cannot be punished for her thoughts alone. If Brianna took substantial steps toward killing Phoebe, an attempted murder charge might be appropriate. However, at this stage, Brianna is only planning a crime, non committing a crime. Phoebe may be able to go to court and get a restraining order confronting Brianna to prevent her from carrying out her murder plot, but Brianna cannot be incapacitated by arrest and prosecution for attempted murder in this case.

Omission to Human action

An exception to the requirement of a criminal act chemical element is omission to human activity. Criminal prosecution for a failure to human activity is rare considering the regime is reluctant to hogtie individuals to put themselves in harm's way. Yet, nether certain specific circumstances, omission to deed tin can be criminalized.

An omission to act tin simply be criminal when the law imposes a duty to act (N.Y. Penal Law, 2010). This legal duty to act becomes an element of the law-breaking, and the prosecution must prove it beyond a reasonable dubiousness, forth with proving the defendant's inaction under the circumstances. Failure or omission to act is merely criminal in three situations: (one) when there is a statute that creates a legal duty to act, (2) when there is a contract that creates a legal duty to human activity, or (3) when there is a special human relationship between the parties that creates a legal duty to human action. Legal duties to act vary from country to state and from state to federal.

Duty to Act Based on a Statute

When a duty to act is statutory, it commonly concerns a regime involvement that is paramount. Some common examples of statutory duties to human action are the duty to file state or federal revenue enhancement returns (26 U.S.C., 2010), the duty of health-care personnel to report gunshot wounds (Fla. Stat. Ann., 2010), and the duty to written report kid abuse (Ky. Rev. Stat. Ann., 2010).

Figure iv.3 Kentucky Revised Statutes

At common law, information technology was not criminal to stand up by and refuse to help someone in danger. Some states supercede the common police by enacting Good Samaritan statutes that create a duty to assistance those involved in an accident or emergency state of affairs. Skillful Samaritan statutes typically contain provisions that insulate the actor from liability exposure when providing assistance (Minnesota Code, 2010).

Figure 4.4 Minnesota Good Samaritan Police

Good Samaritan Law Video

Good Samaritan Sued after Rescuing Woman in an Accident

This video is a news story on a California Supreme Court case regarding the civil liability of a Adept Samaritan:

Duty to Act Based on a Contract

A duty to human action can exist based on a contract betwixt the defendant and another political party. The most prevalent examples would be a doc'south contractual duty to help a patient or a lifeguard's duty to save someone who is drowning. Keep in heed that experts who are not contractually bound tin ignore an individual'southward pleas for help without committing a criminal offense, no matter how morally abhorrent that may seem. For instance, an expert swimmer tin can picket someone drown if at that place is no statute, contract, or special human relationship that creates a legal duty to act.

Duty to Deed Based on a Special Human relationship

A special relationship may also be the basis of a legal duty to act. The about common special relationships are parent-kid, spouse-spouse, and employer-employee. Often, the rationale for creating a legal duty to human activity when people are in a special relationship is the dependence of one individual on another. A parent has the obligation past law to provide food, article of clothing, shelter, and medical treat his or her children, considering children are dependent on their parents and do non accept the power to procure these items themselves. In addition, if someone puts some other person in peril, at that place may exist a duty to rescue that person (Country ex rel. Kuntz v. Thirteenth Jud. Dist., 2010). Although this is non exactly a special relationship, the victim may be dependent on the person who created the dangerous situation because he or she may exist the only one present and able to render help. On a related notation, some jurisdictions also impose a duty to continue to provide aid, in one case assistance or assistance has started (Jones five. U.S., 2010). Similar to the duty to rescue a victim the accused has put in peril, the duty to continue to provide assist is rooted in the victim's dependence on the defendant and the unlikely chance that another person may come up along to help once the defendant has begun providing assistance.

Instance of a Failure to Act That Is Noncriminal

Recall the example from Affiliate i "Introduction to Criminal Law", Department one.2.1 "Case of Criminal Law Issues", where Clara and Linda are shopping together and Clara stands by and watches every bit Linda shoplifts a bra. In this example, Clara does not have a duty to report Linda for shoplifting. Clara does not have a contractual duty to report a crime in this situation because she is not a law enforcement officeholder or security guard obligated by an employment contract. Nor does she have a special relationship with the store mandating such a report. Unless a statute or ordinance exists to force individuals to report crimes committed in their presence, which is extremely unlikely, Clara can legally discover Linda's shoplifting without reporting it. Of class, if Clara assists Linda with the shoplifting, she has then performed a criminal act or actus reus, and a criminal prosecution is appropriate.

Example of a Failure to Act That Is Criminal

Penelope stands on the shore at a public embankment and watches equally a child drowns. If Penelope's state has a Good Samaritan law, she may have a duty to aid the child based on a statute. If Penelope is the lifeguard, she may have a duty to salvage the child based on a contract. If Penelope is the kid'south mother, she may take a duty to provide assistance based on their special human relationship. If Penelope threw the kid in the ocean, she may have a duty to rescue the kid she put in peril. If Penelope is just a eyewitness, and no Expert Samaritan law is in force, she has no duty to act and cannot exist criminally prosecuted if the child suffers damage or drowns.

Possession as a Criminal Human action

Although it is passive rather than active, possession is still considered a criminal act. The nearly mutual objects that are criminal to possess are illegal contraband, drugs, and weapons. There are two types of possession: actual possession and constructive possession. Actual possession indicates that the defendant has the detail on or very near his or her person. Effective possession indicates that the item is non on the accused'southward person, but is within the defendant'due south expanse of control, such as inside a house or automobile with the defendant (State v. Davis, 2011). More than one accused tin can be in possession of an object, although this would clearly be a constructive possession for at least ane of them.

Because information technology is passive, possession should be knowing, significant the defendant is aware that he or she possesses the particular (Connecticut Jury Instructions No. 2.11-1, 2011). Equally the Model Penal Lawmaking states in § two.01(four), "[p]ossession is an human activity, within the pregnant of this Section, if the owner knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient catamenia to have been able to terminate his possession." In the vast majority of states, a statute permitting a confidence for possession without this cognition or awareness lacks the criminal intent element and would exist unenforceable.

Example of an Unenforceable Possession Statute

A land has a criminal statute that prohibits "being within 100 feet of any quantity of marijuana." Ricardo sits next to Jean on the subway. A police enforcement officer smells marijuana and does a pat-down search of Jean. He discovers that Jean has a large baggie of marijuana in his jacket pocket and arrests Jean and Ricardo for marijuana possession. Ricardo was within one hundred anxiety of marijuana equally prohibited past the statute, but Ricardo should non exist prosecuted for marijuana possession. No evidence exists to indicate that Ricardo knew Jean, or knew that Jean possessed marijuana. Thus Ricardo does non have the criminal intent or mens rea for possession, and the land'due south possession statute should not be enforced against him.

Primal Takeaways

• The elements of a crime are criminal act, criminal intent, concurrence, causation, harm, and attendant circumstances. Only crimes that specify a bad issue have the elements of causation and harm.
• Criminal act is unremarkably an unlawful bodily movement that is defined in a statute, or a case in jurisdictions that allow mutual-police force crimes.
• The criminal act must be voluntary and cannot exist based solely on the condition of the accused or the defendant's thoughts.
• An exception to the criminal human activity chemical element is omission to deed.
• Omission to act could be criminal if there is a statute, contract, or special relationship that creates a legal duty to deed in the defendant's situation.
• Actual possession means that the item is on or very most the defendant's person. Effective possession means that the item is inside the defendant's control, such as inside a business firm or vehicle with the defendant.
• In nigh states, the defendant must be enlightened that he or she possesses the item to exist convicted of possession.

Exercises

Reply the following questions. Cheque your answers using the answer key at the stop of the chapter.

1. Jacqueline is diagnosed with epilepsy two years after receiving her driver'south license. While driving to a concert, Jacqueline suffers an epileptic seizure and crashes into another vehicle, injuring both of its occupants. Can Jacqueline be convicted of a crime in this situation? Why or why not?
2. Read Oler v. Land, 998 S.Due west.2nd 363 (1999). In Oler, the accused was convicted of possession of a controlled substance by misrepresentation. The defendant solicited and received prescriptions for Dilaudid, a controlled substance, from 4 different physicians without informing them that he already had a prescription for Dilaudid. The defendant appealed, arguing that he had no legal duty to disembalm his previous receipt of the drug to the physicians, and was therefore unlawfully punished for an omission to act. Did the Texas Court of Appeals uphold the defendant's conviction? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?example=460187562193844690&q= 998+S.West.2nd+363&hl=en&as_sdt=10000000000002.
3. Read Staples v. U.South., 511 U.Southward. 600 (1994). In Staples, the defendant was convicted of possession of an unregistered automatic weapon in violation of the National Firearms Act. The defendant claimed the conviction was improper because the prosecution did not prove that he knew the weapon was automatic, and the prosecution must prove this knowledge to captive under the statute. Did the US Supreme Court opposite the defendant's conviction? Why or why not? The example is available at this link: http://world wide web.police.cornell.edu/supct/html/92-1441.ZO.html.

References

Connecticut Jury Instructions No. 2.11-1, accessed February 13, 2011, http://www.jud.ct.gov/ji/criminal/part2/2.eleven-1.htm.

Fla. Stat. Ann. § 790.24, accessed Oct 25, 2010, http://law.onecle.com/florida/crimes/790.24.html.

Govt. of Virgin Islands five. Smith, 278 F.2d 169 (1960), accessed October 26, 2010, http://openjurist.org/278/f2d/169/government-of-the-virgin-islands-v-smith.

Jones five. U.South., 308 F.2d 307 (1962), accessed October 25, 2010, http://scholar.google.com/scholar_case?instance=14703438613582917232&hl=en&as_sdt=2002&as_vis=1.

Ky. Rev. Stat. Ann. § 620.030, accessed October 25, 2010, http://www.lrc.ky.gov/krs/620-00/030.pdf.

Minnesota Lawmaking § 604A.01, accessed October 25, 2010, http://law.justia.com/minnesota/codes/2005/595/604a-s01.html.

N.Y. Penal Law § fifteen.00, accessed October 25, 2010, http://police.onecle.com/new-york/penal/PEN015.00_15.00.html.

Country ex rel. Kuntz five. Thirteenth Jud. Dist., 995 P.2d 951 (2000), accessed October 25, 2010, http://caselaw.findlaw.com/mt-supreme-court/1434948.html.

Land five. Davis, 84 Conn. App. 505 (2004), accessed February 13, 2011, http://scholar.google.com/scholar_case?example=12496216636522596448&hl=en&as_sdt=ii&as_vis=one&oi=scholarr.

26 U.S.C. § 7203, accessed October 25, 2010, http://www.law.cornell.edu/uscode/26/usc_sec_26_00007203—-000-.html.

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Source: https://open.lib.umn.edu/criminallaw/chapter/4-1-criminal-elements/

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