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CRIMINAL LAW THEORY AND ELEMENTS OF CRIMINAL CONDUCT

This paper analyzes criminal law theory and the elements of criminal conduct; criminal law entails rules and statuses intended to dictate parameters that prevent harm to society. Criminal law not only defines crime but also sets punishment to these crimes in a court of law. For instance, substantive law determines whether someone has committed arson. Criminal conduct on the other hand is conduct that breaks a law where a criminal penalty can apply. Criminal conduct, therefore, does not require a result element as long as the conduct is an offense. For example, taking someone’s property is the conduct of theft and does not require any result element like the person realizing.
 criminal law theory and elements of crime

PRINCIPLES OF CRIMINAL LAW THEORY

There are four general principles in criminal law theory. First, the presumption of innocence. Despite the elements of criminal conduct, a person is innocent until proven guilty of the offense. Second, the burden of proof. This is where the prosecution proves beyond a reasonable doubt that a person is guilty besides allowing the defendant to establish their innocence. Third, the right to remain silent. A person is to remain silent until presented in a court of law. However, there are some exceptions to this rule where the person might need to give their name and address. Lastly, double jeopardy where no one should neither be punished more than once for the same offense nor placed twice at risk of conviction.
 principles of criminal law theory

THE MAIN ELEMENTS OF CRIMINAL CONDUCT

The elements of criminal conduct come in two broad categories. First, mens rea which means a guilty mind. This rationale has a rule that is wrong for the court of law to punish those who innocently cause harm. Second, actus reus which means guilty act. This is where society only punishes bad deeds and not bad thoughts. To constitute a criminal act, these two elements occur simultaneously. For instance, Mary shoots Jane intending to kill her but misses, later Jane accidentally runs over Mary hence killing her. Jane is therefore not guilty of Mary’s death. The criminal law theory proves Jane’s innocence since it was an accident.
main elements of criminal conduct

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