Three Elements Of Crime
By: Jonathan Ikard
Awareness of duty
- People must be aware that they are supposed to do something or not to do something.
- When laws are already on the books people have a duty to know and abide by them.
- In civil cases, awareness of duty must be established to find some liable.
Violation Of Duty
- Very clear cut with laws and statutes
- Civil cases must be determined in court
- Did the person "violate their duty"
Criminal Intent
- Mainly applies to CIVIL cases
- Described as the state of a person's mind
- Can be used to determine guilt or innocence