CRIME

1
CRIME!

• Dr. Matt Robinson
• CJ 3400
• Theories of Crime
• Appalachian State University

2
What is Crime?

• Some would say any behavior that is
  fundamentally wrong and deserving of punishment
• natural definition of crime
• Violations of natural law
• (mala in se offenses)

3
What is Crime?

• Legally, a crime is
• 1) an act
• 2) that violates the law
• 3) committed with culpability
• 4) without defense or justification
• (legal definition of crime)

4
Elements of Crime

• 1) an act (actus reus)
• Includes
• acting or behaving
• failing to act or behave
• attempting to act or behave
• agreeing to act or behave

5
Elements of Crime

• 2) violates the law (nullem crimen sine lege)
• Specifics
• must violate the criminal law
• law must be codified before the crime occurs (no
  ex post facto laws)

6
Elements of Crime

• Since crimes are created by the criminal law,
• ANYTHING can be a crime (see p. 2)
• NOTHING is automatically a crime
• People disagree about what should be a crime
• e.g., Marijuana? Abortion? Euthanasia?
  Others???

7
Elements of Crime

• 3) committed with culpability (mens rea)
• meriting condemnation or blame especially as
  wrong or harmful

8
Elements of Crime

• Includes acts done
• Intentionally -- committed on purpose
• Negligently -- failing to do something required
  of you
• Recklessly -- committed without due regard for
  human life or property
• Knowingly -- committed with knowledge that
  outcome is likely

9
Elements of Crime

• 4) without defense or justification
• Examples
• Duress
• Self-defense
• Necessity
• Entrapment
• Immaturity
• Insanity
• Involuntary intoxication