英美司法制度criminallaw知识荟萃

1、 a crime including the following components: (1) the wrongful act (actus reus); (2) the culpable state of mind (mens rea); (3) causation. 1. the wrongful act: an unlawful voluntary act a voluntary act occurs when the accused causes his or her body to move in a manner that produces prohibited conduct

2、. not voluntary acts: e.g. (1) a reflex or convulsion (2) a bodily movement during unconsciousness or sleep; (3) conduct during hypnosis or resulting from hypnotic suggestion. 2. the culpable state of mind an alleged criminal offender should possess a guilty mind at the time of the commission of the

3、 wrongful act. it is often difficult to prove that person acted with a guilty mind, and prosecutors often have to prove it indirectly and circumstantially. the model penal code recognizes four modes of culpability: (1) purpose, (2) knowledge, (3) recklessness, and (4) negligence. 2. the modes of cul

4、pability purpose: a person she has a conscious desire to engage in certain conduct or achieve a particular result. knowledge: a person is aware that a prohibited result or harm is very likely to occur, but does not have a conscious desire to produce such a result or harm. recklessness: a person cons

5、ciously disregards the welfare of others and creates a significant risk. (no law-abiding person would have consciously created).negligence: a person unconsciously disregard the welfare of others and creates a significant risk which he/she should have been aware. two examples for youif a person sets

6、a building on fire, the person may be aware that it is very likely that people inside will be injured, and yet hopes that person escape and that only the building is burned.when a driver is driving on the highway, she consciously take her eyes off the road to take care of a crying infant. she is aware that this cond