9/29/149/29/14BR- The decision at a trial BR- The decision at a trial is known as the ______.is known as the ______.

Today:Today: Helping to Identify the Helping to Identify the elements of a crime; elements of a crime; Actus reus, Actus reus,

Mens reaMens rea

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Important Terms:

1. Jurisdiction

2. Parties

3. Adversarial System

4. Inquisitional system

5. Trial Court

6. Court of Appeal

7. Affirmed

8. Remanded

9. Voir dire

1. Removal for cause

2. Peremptory challenge

10. Error of law

11. Precedent

12. Dissenting opinion

13. Concurring opinion

14. Petitions for certiorari

Burden of proof• How much convincing you have to do in

order to prevail (win).– Criminal – Beyond a reasonable doubt

(BRD) or 99%.– Civil – Preponderance of the evidence

(POE) or 51%.

Elements of a CrimeElements of a Crime• The elements are the conditions that must be The elements are the conditions that must be

present in order for that crime to have been present in order for that crime to have been committedcommitted

• For example; the elements of a cheeseburger For example; the elements of a cheeseburger are at least 1 cooked ground beef meat patty, are at least 1 cooked ground beef meat patty, covered with some sort of cheese, and covered with some sort of cheese, and placed between 2 slices of bread or bun.placed between 2 slices of bread or bun.

• Minus any of these elements means you do Minus any of these elements means you do not have that thing - i.e. No cheese=no not have that thing - i.e. No cheese=no cheeseburger.cheeseburger.

Elements are broken down into..Elements are broken down into..• There are two things that have to be proven in a court of There are two things that have to be proven in a court of

law before it will convict someone of a crime:the law before it will convict someone of a crime:the actus actus reusreus and the and the mens reamens rea of an offense as set out in the of an offense as set out in the Criminal code.Criminal code.

1.1. Actus reusActus reus (prohibited acts) - the guilty act or guilty (prohibited acts) - the guilty act or guilty omission. An act is doing something that you shouldn't omission. An act is doing something that you shouldn't and an omission is not doing something that you should and an omission is not doing something that you should have.have.

2.2. Mens reaMens rea (criminal intent) - the guilty thought or mind. (criminal intent) - the guilty thought or mind. This is either having the intention to do something like This is either having the intention to do something like murder or theft, or you can have the mind to be reckless.murder or theft, or you can have the mind to be reckless.

3. 3. CausationCausation

There is a link between what a person did There is a link between what a person did and what happened.and what happened.

4. 4. ConcurrenceConcurrence

Actus reusActus reus, , mens reamens rea, and causation , and causation occurred at the same time.occurred at the same time.

Specific forms of mens rea:

General Intent The accused need not have planned to commit the offence or cause the act. The accused need only commit the wrongful act.

Specific Intent A criminal offence that was committed with awareness of the act by the accused.

Recklessness The accused paid no heed or regard to the injurious outcome their actions may have on others.

Willful Blindness The accused purposely fails to consider the potential of their actions being criminal out of a desire to not know the truth.

Elements of CrimeElements of Crime• Look at the chart: notice the different Look at the chart: notice the different

elements for crimes. elements for crimes.

• Are their crimes that have similar Are their crimes that have similar elements?elements?

• What are material circumstances?What are material circumstances?

EXIT SLIPEXIT SLIP

1.In your own words describe what is 1.In your own words describe what is meant by the “elements” of a crime.meant by the “elements” of a crime.

2. Describe the difference between 2. Describe the difference between mens mens rearea and and actus reusactus reus