Elements of Crime
The external consequence required to make an action a crime
What is Harm?
Mental or Psychological impairment or retardation as a defense against committing a crime
What is Insanity?
Cases involving disputes between two people
What are Civil Cases?
Crimes committed with force or threat of force
What are Violent Crimes?
This means that a defendant has the right to be present during trial and to cross-examine witnesses against them
What is the Right to Confront Witnesses?
The Types of Harm
What are verbal and physical?
When an offender, who was not already thinking about committing a crime, is coerced into committing a crime by a law-enforcement officer, or someone acting as an agent for a law-enforcement officer
What is Entrapment?
Cases involving the violation of a law
What are Criminal Cases?
Crimes that involve taking money or property, but usually without force or threat of force
What are Property Crimes?
Types of searches and seizures are allowed under the 4th Amendment
What are With a Warrant and Without a Warrant?
A Crime having to be legally forbidden, and a law must not be retroactive are the aspects of this element of crime
What is Legality?
When an offender is threatened through force, or coerced into committing a crime
What is Duress?
The three issues with the Legal Definition of Crime
What are:
- Overcriminalization, Undercriminalization, and Non-enforcement?
Violations that constitute a threat to public safety or peace
What are Public Order Offenses?
"Does the governmental action violate the Constitution?" is the question answered by cases dealing with this Amendment
What is the 4th Amendment?
The failure to take responsible precautions to prevent harm
What is Negligence?
When an offender commits a crime to prevent a more severe crime from occurring
What is Necessity?
Crime is the behaviors that violate the norms or social mores of society
What is the Social Definition of Crime?
Offenses involving a willing and private exchange of goods or services that are in strong demand but are illegal
What are Victimless Crimes?
This says that officers are allowed to take evidence or contraband if they are legally able to see it
What is the Plain View Doctrine?
The 7 Elements of Crime
-Harm, Legality, Actus Reus, Mens Rea, Causation, Concurrence, and Punishment?
Children under what age cannot be held legally responsible for their crimes
What is 7?
The 5 ways a defendant can get out of the Penitentiary
What are:
- Parole, Pardon/Clemency, Capital Punishment, Habeas Corpus, Serving full sentence
Offenses committed through opportunities created by a legal business or profession and crimes committed by professionals acting in their professional capacities
What are Occupational Crimes?
This says that illegally obtained evidence CANNOT be used in trial
What is the Exclusionary Rule?