CRJU 20413 Chapter 3: Chapter 3
Document Summary
Chapter 3 criminal law pages 72-88. Scholars argue that recognition of five additional principles is necessary to full appreciate contemporary understands of crime: (1) causation, (2) resulting harm, (3) the principle of legality, (4) the principle of punishment, (5) necessary attendant circumstances. Causation refers to the fact that the concurrence of a guilty mind and a criminal act may cause harm. Legal cause is a legally recognizable cause. A legal cause must be demonstrated in court in order to hold an individual criminally liable for causing harm. A harm occurs in any crime, although not all harms are crimes. When a person is murdered or raped, harm can be clearly identified. Some crimes, however, can be seen to be victimless, such as prostitution, illegal gambling, and drug use. The essence of crime consists only of three things: (1) actus reus, (2) mens rea, and (3) concurrence of an illegal act and a culpable mental state.