We've tried to elucidate 12 basic criminal law ideas which will offer you a better understanding of a number of the ideas you'd need to master if considering a career in criminal law.
Actus reus - this Latin phrase translates that directly translates to guilty act. In an exceedingly criminal case it is the responsibility of the prosecution to prove "proof of fault" that might conjointly be described as a culpability or blame-worthiness. It's necessary to prove that the defendant was guilty in mind.
Causation - did they carry concerning the result? It may be straightforward however it's important when putting together a legal case that the solicitors will be certain that the people accused were responsible for the act or omission that was caused the illegal consequence.
Concurrence - we have already mentioned the guilty action, concurrence describes the necessity for hassle the guilty mind and guilty action. Concurrence isn't always required in cases of strict liability. In principle, if the guilty action does not coincide in point of your time with the guilty action then no crime has been committed.
Mens rea - this is often the mental element of criminal law, it can be compared simplistically to the concept of a motive. Guilty mind does not in isolation will not make somebody criminally guilty. There are sometimes four totally different kinds of Mens rea, intention, where it had been planned. Knowledge, recklessness and negligence are alternative circumstances where someone can be described as being guilty of mind.
Intention - did they need the foresight to see the consequences and need to act or fail to act to stop the consequence. If they are ready to prove this the person isn't guilty. This concept is particularly necessary and is one of the areas most widely contested when cases reach court.
Recklessness - a kind of Mens rea, it falls as being less culpable than intention or knowledge but the person still would have been in a position to forestall the consequence had they not been guilty.
Wilful Blindness - this can be where an individual seeks to avoid liability for a criminal offense by creating themselves deliberately unaware of facts which would build them to blame for the crime. This protects in things where individuals create deliberate tries to justify themselves from liability.
Criminal Negligence - careless, inattentive or neglectful. Negligence is another sort of Mens rea. To be criminally negligent the person accused is has had the foresight to see the risk which is accountable for the illegal outcome.
Ignorantia juris non excusat - a right away translation from Latin of this phrase is Ingnorance of the Law does not excuse. This can be one of the more simple to follow aspects of criminal law. Just because someone might not remember of the law or a number of its details that doesn't mean they can not be guilty.
Vicarious Liability - this suggests that if a group of folks are collectively concerned in criminal activity they are all liable for their actions distributed as the group. Typically in most fashionable criminal cases there's not a vicarious liability and someone needs to be accountable positioned guilty
Company Viability - within the eyes of the law firms and companies can be treated as if they were a 'real' individual person.
Strict Liability - in cases of strict liability the mens rea doesn't need to be proven, the person being charged with a strict liability crime could otherwise be found guilty and convicted even if they were unaware or ignorant of the crime.
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