NCJ Number
84451
Date Published
Unknown
Length
0 pages
Annotation
The three interrelated elements present in all crimes are a physical act, mental state, and consequences (or social harm done). There are degrees within each element that determine the nature of the crime and its treatment under criminal law.
Abstract
If the mental state is 'intended to kill' the crime resulting will be premeditated murder, but if the mental state is 'intended to harm' the crime will be second degree murder. Similarly, if the physical act involves hitting someone with a club the crime will be assault with a dangerous weapon, but if it is striking someone with a first the crime will be battery. Physical acts constituting a crime must be affirmative and conscious. An evil thought is not a crime but an evil thought expressed to others can be a crime under military law. Asking others to commit an offense is the crime of solicitation, even though no act is carried out, and agreeing to participate in and committing an offense is the crime of conspiracy under criminal law (the mere act of agreeing to commit a crime is a conspiracy under common law). There are degrees of mental states present in a crime varying from specific intent to wantonness, recklessness, and simple negligence, each degree representing a further deviation from what the prudent man would have done. Recklessness is the minimum state of mind required to constitute a crime under common law. Persons can be found guilty regardless of their mental state in certain cases, such as statutory rape. Crime that results in social harm falls under criminal court jurisdiction. Civil courts handle cases involving private wrongs (i.e., disputes between two parties) since these cases are best solved by individuals and not society.