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

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