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Elements,Defenses & Categories of Crime
18 cards·by ariel99
What are the 4 elements of crime?
Act,state of mind,causation,and harm
Commission
Doing something that is prohibited by law
Omission
Not doing something required by law
Specific intent
The prosecutor must prove that the defendant intended the result
General intent
The prosecutor must prove that the defendant intended the act
Recklessness
An unintentional state of mind by which the prosecutor must prove that the defendant knew of a
risk of harm but failed to guard against it
Negligence
An unintentional state of mind by which the prosecutor must prove that the defendant should
know of the risk of injury or death
Strict liability
For some crimes, the prosecutor must only prove the other elements of the crime,there is no
state of mind requirement
Causation
The prosecutor must prove that the defendant's act caused the harm
Harm
This doesn't mean that the people were hurt or that property was damaged/stolen.The law was
violated
Self-defense
Believing that the alleged victim was threatening to harm the defendant
Insanity
Because of a mental defect/disease,the defendant didn't know right from wrong or couldn't
conform his behavior to the law
Consent
The defendant does not deny that they had sex with the victim;the defendant claims that s/he
reasonably thought the victim consented to sex
Property crimes
Common crimes such as:larceny,arson,and vandalism
Crimes against the person
Actual/threatened physical harm or physical invasion to the victim such
as:murder,assault,and rape
Substance Abuse Crimes
Selling/possessing of illegal substances such as:controlled drugs or underage
possessionof alcohol
Crimes against Good Order
Breaches of the peace,public indecency,and obscenity
Crimes against the Government
Perjury,terrorism,and public bribery