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The elements of a crime are criminal act, criminal intent, concurrence, causation, harm, and attendant circumstances. Only crimes that specify a bad result have the elements of causation and harm. Criminal act is usually an unlawful bodily movement that is defined in a statute, or a case in jurisdictions that allow common-law crimes.
- 4.3 Causation and Harm
Causation in Fact. Every causation analysis is twofold....
- 4.2 Criminal Intent
Although there are exceptions that are discussed shortly,...
- Chapter 4: The Elements of a Crime
Thus, an Olympic swimmer may be deemed by the community as a...
- 1.5 The Purposes of Punishment
Specific and General Deterrence. Deterrence prevents future...
- 10.2 Assault and Battery
Battery Act. The criminal act element required for battery...
- 5.1 Criminal Defenses
A plethora of criminal defenses exist. Defenses may...
- 5.2 Self-Defense
As stated previously, self-defense is a defense based on...
- 9.2 Murder
Most jurisdictions define the criminal act element of murder...
- 4.3 Causation and Harm
- What Are The Elements of Fulfillment of A Duty in Criminal Law?
- What Has Been Decided
- Final Thoughts
Specifically, in Article 11, par. 5, it states that: “Article 11. Justifying circumstances – The following do not incur criminal liability:((Article 11 (5), Revised Penal Code)) xx In fulfillment of duty or lawful exercise of a right or office, the elements are the following: 1. That the accused acted in the performance of a duty or the lawful exer...
An illustrative example of this justifying circumstance – in the fulfillment of duty where both elements are present, can be seen in the case of People vs. De Lima – the policeman, Felipe De Lima found Lorenzo Napilon who escaped from jail and demanded his surrender. Napilon, instead of doing so, attacked De Lima with a piece of bamboo, but the lat...
Having these cases as illustrative example, it must be emphasized that in order to be relieved from criminal liability invoking justifying circumstance, all elements should be present. The absence of one will make the accused liable for the offense with a privileged mitigating circumstance to reduce the penalty. Also, as mentioned in the case of Pe...
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Aug 12, 2023 · Criminal Law Cases Outline. While statutes and regulations define many crimes, understanding the nuances of criminal law also requires exploring cases that have interpreted common-law, statutory, and constitutional principles. Among other things, courts have helped shape the criminal justice system, outline what the prosecution must prove to ...
As mentioned above, there are limited circumstances where criminal law imposes a duty to act. Perhaps the most obvious of these is when there is a familial relationship between parties. One of the earlier examples of this is R v Senior, [3] where a father was found guilty of manslaughter for refusing medication to treat his son’s pneumonia ...
Pittwood (1902) Many crimes require a certain consequence to have been caused by the criminal act. Thus, in murder or manslaughter, the act must cause death. First, factual causation must be established: it must be proved that the death would not have resulted ‘but for’ the accused’s conduct.
Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute . Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result. For example, if a thief shoves a gun into the side of a victim and says: “Your money or your life ...
The defendant in the present case clearly had a legal duty to aft because of the statute, 3 . and this was not contested on appeal. The principal case illustrates the clearest example of a legal duty imposed by a relationship, i.e., parent and child. At common law the duties of support and maintenance, 4 . medical attention
