November 20, 2011
Elements of Crime
Throughout this paper we are going to cover several key elements of crime. We are going to look how the elements of a crime apply to the overall criminal procedure process and how we can improve the understanding of criminal elements. Then we are going to cover what are the various legal defenses which are used and how does each of these defenses apply when in court and the overall criminal procedure. Last yet importantly we are going to cover the definition of crime, how would you describe the overall criminal process after a crime has been committed and what would happen if one of these steps of the process were removed. So let us get started we have a lot to cover. What are the Elements of Crime
The elements of a crime are the pieces that are needed to prove or demonstrate whether someone is guilty of a crime. There must be enough evidence that is given by the prosecution to prove that all of the elements of a crime are consistent with the case that they are responsible for and that the opposite side or the defense can question or challenge the present case on one ore many of the elements. There are basically four things that must be present with the case and they include: the intent, conduct, concurrence and causation. Once one of these things is missing in the chain a case can break and fall completely apart.
How do the elements of a crime apply to the overall criminal procedure process The elements of a crime apply to the overall criminal process simply by their definition. Using the four basic components of intent, conduct, concurrence and causation can give a process that is important behind the entire criminal procedure process. Intent is used to prove that someone wanted or intended to commit a crime and they were mentally capable of doing it. This is important in all phases of the process. Next is the conduct which means to say whether or not someone who has intent actually conducted a crime. This is where the concurrence comes in trying to prove whether or not there is a connection between the intent and the conduct. The causation is the big bang proving that the intent and the conduct led to the committing of the crime. All of these elements are important and are steppingstones to help protect the citizens who may or may not be innocent. There are also the elements of harm, legality and the punishment that could be included for the technicality purposes of a crime being committed.
A recommendation that I would make to better define/improve understanding of elements of crime is to basically see a case broken down into each category or element and to see examples of each and how the element actually has to be. This could give great eyesight of each element and relate it to everyday cases and crimes that occur. Various Legal Defenses
When a person is charged with a crime, that person has the right to defend himself and avail himself with the best legal representation available. Criminal defense lawyers represent ordinary people charged with violating the law. There are some of the common criminal defenses often used by criminal defense lawyers. The Insanity Defense involves the perpetrator of a crime as being mentally deficient when he or she committed the crime. The basis of an insanity defense is that the individual was not of sane mind when committing the alleged crime and unable to comprehend the consequences of his or her actions; therefore, he/she should not be held criminally liable for the crimes committed during this time. Defendants who attempt the insanity defense must often undergo a series of mental examinations and evaluations before a judge will allow this type of defense to be practiced. Another type of criminal defense is the Intoxication Defense. When a person violates the law while in an altered state of consciousness, he or...