There are seven elements of crime. Those elements are Harm, Legality, Actus reus, Mens rea, Causation, Concurrence, and Punishment (Bohm & Haley, 2011). The first element is harm, and it could consist of physical or verbal. Mental and emotional harm is not enough (Bohm & Haley, 2011). Second element is Legality, must be legally forbidden and criminal act must not be retroactive or expost facto (Bohm & Haley, 2011). The third element is Actus reus, which is a Latin term that refers to criminal conduct (Bohm & Haley, 2011). Specifically, the action or inaction that caused harm (Bohm & Haley, 2011). The forth element is Mens rea, which is a Latin term referring to criminal intent or guilty state of mind (Bohm & Haley, 2011). Criminal conduct
The SAGE dictionary of criminology- “Crime is not a self-evident and unitary concept. Its constitution is diverse, historically relative and continually contested. As a result an answer to the question ‘what is crime?’ depends upon which of its multiple constitutive elements is emphasized. This in turn depends upon the theoretical position taken by those defining crime”.
According to Rachel Boba, “Crime analysis is a law enforcement function that involves systematic analysis for identifying and analyzing patterns and trends in crime and disorder” (en.wikipedia.org/wiki/Crime analysis).The information on these patterns can assist law enforcement agencies in the deployment of resources in a more effective manner; it can also help detectives to identify and catch suspects. Crime analysis also plays a role in improvising solutions to crime problems, and developing crime prevention strategies. There are various types of technology that is used in crime analysis. Crime analysis relies heavily on computer technology, and over the past fifteen years there has been a significant improvement in computer hardware and
Crime is often described as socially constructed, which influences our understanding of who commits a crime. Firstly, labelling theorists argue that crime is a social construction based on the powerful’s reaction to certain behaviour, those who are deviant are people that have been labelled as such. Marxists claim the bourgeoise construct crime in order to criminalise the proletariat, get away with their own deviance and maintain their own dominance. Neo-marxists look at how moral panics create a social construction of crime and can criminalise certain groups. Finally, feminists, argue crime is constructed in a patriarchal way and that the criminal justice system is harsher to female offenders. Whereas others criticise these theories for
The five principles of a crime are the guilty act or actus reus, the guilty intent or mens rea, the relationship between guilty act and guilty intent, the attendant circumstances and the results. The guilty act or actus reus is the inception of a crime, “this criminal liability occurs only after a voluntary act that results in criminal harm” (Neubauer & Fradella, 2014). This protects Americans from being punished for bad thoughts. The guilty intent or mens rea establishes and distinguishes between the mental state required in committing a crime. This insures that Americans are not prosecuted for innocently causing harm to another. The relationship and union between the guilty act and the guilty intent further distinguishes an act from being
A crime consists of an actus reus and a mens rea, in order to obtain a conviction of a criminal charge there must be a concurrence between the actus reus and mens rea. The elements of a criminal act
Crime is a social construction, and behaviour defined as criminal varies across time and place. Crime is an act that violate moral behaviour, but why is that not all behaviours that violate moral behaviour are labelled as crime? This is because crime is defined differently across different societies and different times. Neutralisation and drift theory helps us to explain why people abuse children by showing us how perpetrators rationalise their guilt for these actions before they physically, sexually, emotionally abuse or neglect children. They do this by blaming their actions on other people, higher forces or believing their acts are harmless. In this essay I will begin by talking about crime as a social construction then touch on child abuse in New Zealand followed by a discussion of how my social contract theory helps us to explain this crime.
If I were conducting an in-service to my fellow officers over the five elements needed to constitute a crime, I would do by going over, explicitly what each element is and provide an example. Furthermore, I would then tie all elements in together for a larger example. According to Brody and Acker (2010), Professor Jerome Hall developed the framework of the five general elements to a crime, which are:
Mens rea, the third element, is viewed as one of the most important elements in criminal law. A crime consists of two elements mental and a physical. Mens rea is the reference of person's understanding the fact that his or her conduct is criminal.
both the act, or actus rea, and the intent to commit the act, or mens rea.
As the nineties began, the general theory of crime became the most prominent criminological theory ever proposed; furthermore, it is empirically recognized as the primary determinant in deviant and criminal behaviors. Known also as the self-control theory, the general theory of crime can most simply be defined as the absence or lack of self-control that an individual possesses, which in turn may lead them to commit unusual and or unlawful deeds. Authored by educator Michael R. Gottfredson and sociologist Travis Hirschi, A General Theory of Crime (1990) essentially “dumbed down” every theory of crime into two words, self-control. The widely accepted book holds that low self-control is the main reason that a person initiates all crimes, ranging from murder and rape to burglary and embezzlement. Gottfredson and Hirschi also highlighted, in A General Theory of Crime (1990), that low self-control correlates with personal impulsivity. This impulsive attitude leads individuals to become insensitive to deviant behaviors such as smoking, drinking, illicit sex, and gambling (p. 90). The extreme simplicity, yet accuracy, of Gottfredson’s and Hirschi’s general theory of crime (self-control theory), make it the most empirically supported theory of criminal conduct, as well as deviant acts.
The causes of crime seem to be indefinite and ever changing. In the 19th century, slum poverty was blamed; in the 20th century, a childhood without love was blamed (Adams 152). In the era going into the new millennium, most experts and theorists have given up all hope in trying to pinpoint one single aspect that causes crime. Many experts believe some people are natural born criminals who are born with criminal mindsets, and this is unchangeable. However, criminals are not a product of heredity. They are a product of their environment and how they react to it. This may seem like a bogus assumption, but is undoubtedly true.
This essay will attempt to grasp the concept of ‘What Is Crime’ using sources available from various locations, such as books and journals.
This essay will discuss the strengths and weaknesses of sociological explanations of crimes with links to Durkheim’s anomie theory, Merton’s strain theory and the Labelling theory which will draw upon different academics that will highlight these specific areas of research. In sociological terms, crime is a social concept as it does not exist as an autonomous entity, but it is socially constructed by people. It can be analysed that sociological explanations of crime attribute deviance to various aspects of the social environment. For example, crime is strongly related to modern city life where this type of social environment creates cultural enclaves which results in producing criminal or deviant behaviour (Carrabine et al, 2014).
In general the definition of a crime is an act punishable by law, usually considered an evil act. Crime refers to many types of misconduct forbidden by law. Crimes include such things as murder, stealing a car, resisting arrest, possession or dealing of illegal drugs, being nude in public , drunk driving, and bank robbery. Crime is an act that has been timeless and has been committed practically since the start of time. For example, ever since Cain killed his brother Abel (B.C.), people being charged with witchcraft in the 1600’s, prostitution, to the current crimes of modern day(A.D.). Even though crime has existed throughout time it has progressed and branched out taking many types forms.
First of all, the world in which we live in depends a lot on financial