Concept of crime

Crime is an actus reus performed with the required mens rea, provided that there are no defenses.

Actus reus:

· Voluntary act

· Causation

· Social harm

1. Wrongful conduct

2. Wrongful result

3. Attendant circumstances

Mens Rea: The particular state of mind provided for in the definition of an offense.

Four states of mind:

• Purposeful: “I want to”.

· Knowing: “OK, I know but I don’t mind. So be it”.

· Reckless: the actor disregarded a substantial and unjustifiable risk of which he was aware (subjective test). “No, it won’t happen”.

· Negligent: “I didn’t even think of it”. (objective test).

Defenses and Justifications

• Insanity
• Intoxication
• Duress
• Necessity
• Entrapment
• Self defense