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Criminal Liability and the Essence of Crime

Criminal Liability and the Essence of Crime. Charles L. Feer, JD, MPA Bakersfield College Department of Criminal Justice. Presumption of Innocence . A defendant is presumed innocent until the government proves every essential element beyond a reasonable doubt .

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Criminal Liability and the Essence of Crime

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  1. Criminal Liability and the Essence of Crime Charles L. Feer, JD, MPA Bakersfield College Department of Criminal Justice

  2. Presumption of Innocence • A defendant is presumed innocent until the government proves every essential element beyond a reasonable doubt. • Jury Instructions – correct principles of law to apply to the facts of the case. • I.e. Defendant is not required to prove himself innocent or to prove that any other person committed the crime charged.

  3. Adversarial System • Trial by Ordeal • Devine Intervention • Trial by Combat • Modernly • Judge acts as a referee • Truth is the ultimate goal of a trial • Truth is realized by effective debate over the merits of opposing perspectives.

  4. Behavior of Attorneys • Ethical Codes • Codes of Professional Responsibility

  5. Standards of Proof • Mere Hunch • Reasonable Suspicion • Probable Cause • Preponderance of Evidence (51%) • Clear and Convincing Evidence • Beyond a Reasonable Doubt • Absolute Certainty

  6. Reasonable Doubt • An actual or substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from a lack of evidence.

  7. Criminal Liability • Degree of Blameworthiness • Penalties prescribed by law. • Sentences: Low, Middle, Max. Term • Circumstances in Mitigation and Aggrevation

  8. Seven Elements of a Crime Harm

  9. Seven Elements of a Crime Harm Legality

  10. Seven Elements of a Crime Harm Legality Actus reus

  11. Seven Elements of a Crime Harm Legality Actus reus Mens rea

  12. Seven Elements of a Crime Harm Legality Actus reus Causation Mens rea

  13. Seven Elements of a Crime Harm Legality Concurrence Actus reus Causation Mens rea

  14. Seven Elements of a Crime Harm Punishment Legality Concurrence Actus reus Causation Mens rea

  15. The Essence of Crime • Criminal Act – Actus Reus • Culpable Mental State – Mens Rea • Concurrence – the act and the mental state occur together.

  16. Actus Reus • Failure to act is a crime only in situations where the person is required by law to do something. • Threatening to act may be a crime.

  17. Mens Rea • A guilty mind • A wrongful purpose • Criminal Intent • General Intent • Specific Intent • Strict Liability • Criminal Negligence

  18. Motive • Never an Element of a crime. • Helps in the investigation (who done it – Why?)

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