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

9/29/14 BR- The decision at a trial is known as the ______. Today: Helping to Identify the elements of a crime; Actus reus , Mens rea. Let’s Check In. Friday, work, hand-ins, etc MIKVA Parent Night – Wednesday, October 1, 5:00-6:30 FREE EATS! AND PRIZES! Our unique problem..

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

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  1. 9/29/14BR- The decision at a trial is known as the ______. Today: Helping to Identify the elements of a crime; Actusreus, Mensrea

  2. Let’s Check In.. • Friday, work, hand-ins, etc • MIKVA • Parent Night – Wednesday, October 1, 5:00-6:30 FREE EATS! AND PRIZES! • Our unique problem.. • New Case Problem

  3. Important Terms: • Jurisdiction • Parties • Adversarial System • Inquisitional system • Trial Court • Court of Appeal • Affirmed • Remanded • Voir dire • Removal for cause • Peremptory challenge • Error of law • Precedent • Dissenting opinion • Concurring opinion • Petitions for certiorari • Litigator • State of mind • Mensrea • Actusrea • Causal link • Elements • Motive • Felony • Misdemeanor • Principal • Accomplice • Accessory before the fact • Accessory after the fact • Crime of omission • Solicitation • Attempt • Conspiracy

  4. 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%.

  5. Elements of a Crime • The elements are the conditions that must be present in order for that crime to have been committed • For example; the elements of a cheeseburger are at least 1 cooked ground beef meat patty, covered with some sort of cheese, and placed between 2 slices of bread or bun. • Minus any of these elements means you do not have that thing - i.e. No cheese=no cheeseburger.

  6. Elements are broken down into.. • There are two things that have to be proven in a court of law before it will convict someone of a crime:the actus reus and the mens rea of an offense as set out in the Criminal code. • Actus reus (prohibited acts) - the guilty act or guilty omission. An act is doing something that you shouldn't and an omission is not doing something that you should have. • Mens rea (criminal intent) - the guilty thought or mind. This is either having the intention to do something like murder or theft, or you can have the mind to be reckless.

  7. 3. Causation There is a link between what a person did and what happened. 4. Concurrence Actus reus, mens rea, and causation occurred at the same time.

  8. Specific forms of mens rea:

  9. Elements of Crime • Look at the chart: notice the different elements for crimes. • Are their crimes that have similar elements? • What are material circumstances?

  10. EXIT SLIP 1.In your own words describe what is meant by the “elements” of a crime. 2. Describe the difference between mensrea and actusreus

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