Author Question: In order for a defendant to be convicted of a crime the prosecution must successfully offer proof ... (Read 89 times)

jeatrice · **on:** Aug 12, 2018

In order for a defendant to be convicted of a crime the prosecution must successfully offer proof beyond a reasonable doubt of each element of the crime charged. List the five elements of crime. Do you believe it is fair that a person might not be held responsible for a crime if there is an element missing? For example, a person who does the actus reus (sells drugs to a neighbor) but who lacks the mens rea (sold the drugs because of death threats from their roommate if they didn't complete the drug deal).

What will be an ideal response?

Question 2

Jail sentences are typically reserved for those who have committed misdemeanors and minor felonies and usually do not exceed _________.

a. a month
b. six weeks
c. three months
d. a year

bdobbins · **Reply #1 on:** Aug 12, 2018

Answer to Question 1

Five elements of crime (corpus delicti = body of the crime) include: the guilty act (actus reus), guilty intent (mens rea), relationship between (fusion of) the guilty act and intent, attendant circumstances, and result. Students should wrestle with the question of various defenses like duress, insanity, and self defense acknowledging that the law protects people whose actions are unlawful, but whose intentions provide a justification or excuse.

Answer to Question 2

d