So You Want to be a Lawyer by Lisa Fairchild Jones Esq

Author:Lisa Fairchild Jones, Esq.
Language: eng
Format: epub
Publisher: Skyhorse Publishing
Published: 2017-06-10T04:00:00+00:00

8

THE ANATOMY OF A CRIME: THE LAW

This section includes a description and explanation of various principles of criminal law, as well as an outline of the elements of some selected crimes that may or may not have been committed in the following fact pattern. At the end, your task is to match the crimes to the fact pattern and answer the questions in a manner that coherently outlines the issues and the crimes involved.

The Elements

Every crime consists of elements, much as a recipe is made of ingredients or an algebra equation consists of variables. And as you probably know, if you forget to add an ingredient like flour when baking a cake, what you have at the end is not cake. Similarly, unless you prepare for every variable in an equation, you cannot solve the problem.

In the law, you have to be equally meticulous in determining whether every element is present to constitute a crime. Therefore, it is necessary to undergo a two-step process to: (1) identify the possible crime and (2) determine whether all of the elements are present to constitute a crime. To do this, you must be thoroughly familiar with the elements that make up a crime.

In general, every crime must contain the following elements:

ACT (or unlawful omission—the crime results from a failure to act when required to do so by law, such as failing to pay taxes)

INTENT (or mens rea)

The act and intent must occur concurrently. This combination of elements is necessary to distinguish between a crime, an accident, and a fortuitous event. If a person inadvertently causes harm, there is no concurrence of act and intent, and quite possibly no crime. Concurrence exists if the act reflects the intent at that same moment.

CAUSATION (the result or outcome of the intentional act)

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