What Are the 7 Different Elements of Crime? The world is becoming full of criminal activities day by day. There are so many crimes going on all over the world. We need to reduce these illegal activities so that we may live in peace.
To do so, we have to know the elements of crime. The places where you can get help are in plenty. One of them is Moose Jaw DUI Lawyers. You may contact them, and they will be more than happy to help you.
What Are the 7 Different Elements of Crime?
The elements of crime are a set of facts. All are considered to convict an accused of an offense. According to the law, the 7 elements of crime can be listed as below:
- Legality (Must Be a Law)
- Causation (Human Conduct Must Cause Harm)
- Actus Reus (Human Conduct)
- Men’s Rea (Guilty Mind)
- Concurrence (State of Mind and Human Conduct)
- Punishment
- Harm (To Some Other or a Thing)
Legality (Must Be a Law)
Offensive and harmful behavior is not illegal at the first point. You may have the misconception that an offensive act is illegal by the eyes of the law.
But, it should be prohibited by law before addressing as so. The central theme of legality is that only the law can define a crime and prescribe a penalty.
One must not misuse the law in case of others’ disadvantage. This principle is set out in the constitution of many countries, primarily to protect human rights.
It can’t be molded according to one’s advantage or disadvantage. However, the concept of law comprises both written and unwritten law and implies qualitative necessities.
Causation (Human Conduct Must Cause Harm)
The causal relation between the act and the harm suffered is called causation of a crime. For the crime to happen, there needs to be material proof.
An example of causation is being injured. It combines the actus reus (an action)and mens rea (state of mind).
Additionally, causation is irrelevant with regard to incomplete or inchoate, or preliminary crimes. That’s because those crimes don’t have any causations until those happen.
Actus Reus (Human Conduct)
Actus reus is one of the mandatory elements of crime. While mens rea is related to the mind, actus reus is associated with the body.
These are the physical movements of a crime. You can’t blame one for a crime due to status or personal reasons.
Men’s Rea (Guilty Mind)
No crime can take place without mens rea. It is the primary mental element of committing an offense. All actions require planning, right?
To execute a crime, the defendant intends and plans different steps. It is said to be the source of misdeed. Exceptions are strict liability offenses involving health, wealth, and safety, in which it is not necessary to show intent.
Mens rea can be transferred from one person to the other also. We must first work on an individual’s mens rea for impeding a criminal activity.
Concurrence (State of Mind and Human Conduct)
Concurrence is one of the critical elements of crime. The basic idea of concurrence is intent, and the act must attend at the same time.
There is a need to prove the simultaneous occurrence of actus rea and men’s rea in law. The mens rea can also intrigue the actus rea, which is another type of concurrence.
Punishment
Punishment is the ultimate result of a crime. If someone gets involved in aby crime, he has to go through a sanction.
For example, being in jail or a fine. Without punishment, it is impossible to prevent future crimes.
A student will continue making the same mistake again and again unless the teacher punishes him. Similarly, a criminal will never realize the severity if he doesn’t get a proper punishment.
Harm (To Some Other or a Thing)
A crime must be proven harmful for a person or a property who or which is legally protected by law. A crime is weighed based on the harm it caused, which is the harm index.
Let’s think from our common sense. We hear two different news, someone broke into a household, and another person broke into a bank.
You will take the latter seriously because the harms are related to the whole country. In a nutshell, the latter one’s harm index is higher.
Conclusion: Different Elements of Crime
From our neighborhood to the other part of the world, crimes prevail. Every day, we hear about different types of crimes.
By knowing the above elements of crimes, you can understand a crime appropriately. It is also a duty as a citizen to keep the ABCD of these elements in mind.
And, to apply those wherever possible for establishing justice.