Elements of a Crime
By - Carli Carpenter
Awareness Of Duty
Awareness of Duty - people must be aware that they were supposed to do something in order to be charged with not doing something.
Ex - Someone can't say that they weren't speeding because they didn't know the speed limit when signs are posted.
- People have a duty to know and abide by the laws since they're already on the books.
- Awareness of Duty comes into play in determining how a legal system proceeds
Violation Of Duty
Violation of Duty - ("unspoken") are laws that are on the books and you break it, there is no need to establish the element existed until you go to court, trail, and/ or pay your fines.
Ex - A medical caretaker is not taking care of a person; however, they were hired to take care of the person.
- In many civil cases violation of duty is an important piece in determining the outcome of the trial.
- Clear cut with laws and statues
Criminal Intent
Criminal Intent - is described as the state of a person's mind
Ex - If a person didn't mean to steal from a store, they can still be charged with a crime.
- Applies to Civil cases
- Require close examination of the elements of a crime
- Misleading at first glance