FUNDAMENTAL ASPECTS OF A CRIME 4
FundamentalAspects of a Crime
Chaptertwo has discussed several issues. One of the issues discussed in thechapter entails the adversarial system. The adversarial systementails an in-court arrangement, which pits the prosecution againstthe defense in the conviction that truth can become best achievedthrough effective debate over the benefits of the opposing sides.According to the chapter, advocacy model is critical to theadversarial model. The chapter also provides that no individual canbecome convicted of a criminal offense until there is some proof ofevery element of crime. The prosecution has the responsibility ofgiving a proof beyond reasonable doubt for each element that thedefendant was the perpetrator of a crime. In addition, the chapteralso discusses criminal liability, the legal essence of criminalconduct, and the fundamental aspects of crime (Schmalleger et al,2010).
Onthe other hand, chapter three discusses corpus delicti. According tothe chapter, there are two elements of the corpus delicti of anoffense that a result has been generated and an individual iscriminally responsible. Besides, this chapter also discusses theprinciples of a resulting harm, causation, the principle of necessaryattendant circumstances, and of legality (Schmalleger et al, 2010).
Thethree fundamental aspects of crime include a culpable mental state,the criminal act, and a concurrence of these two (Schmalleger et al,2010). Criminal act is significant to murder and armed robbery sinceit can help in determining the involvement of an individual in murderor armed robbery because the criminal act concerns the act of doing,which is also a major concern in murder and armed robbery. On theother hand, a culpable mental state is also significant since it iscritical in determining the mental state. Since murder and armedrobbery constitute the state of mind of the individual committing thecrime, it is vital in determining whether an individual is guilty ofmurder or armed robbery. Besides, in some cases of murder and armedrobbery, the intention or state of mind is not required. In such ascenario, the state of mind and the criminal act would not benecessary, but a concurrence of the two would be significant.
Corpusdelicti literally implies “body of crime”. According to thecorpus delicti, an individual cannot become tried for a certain crimeunless it is proved that the offense occurred. In establishing acorpus delicti of a crime, state has to show that a criminal law hasbeen breached and that someone breached the criminal law (Schmallegeret al, 2010). According to the corpus delicti rule, an out-of-courtconfession that is unsupported by other facts is viewed asinsufficient in supporting a criminal conviction. A determination ofcorpus delicti of a crime is significant because a crime becomesgenerally prosecuted in the location that it was committed. On theother hand, felony murder rule entails a doctrine, which makes iteasier for a prosecutor to get a murder conviction, when the victimbecomes killed during the commission of a felony offense (Palmer,1998). Under this doctrine, an individual that commits a felony isliable for any murder, which occurs during the commission of thatfelony regardless of whether the individual commits, tries tocommit, or had an intention to commit that murder. Therefore, thisdoctrine imposes liability on capital felons for killings that havebeen committed by co-felons during a felony (Palmer,1998).
Palmer,L. J. (1998). Thedeath penalty: An American citizen`s guide to understanding federaland state laws.Jefferson, N.C: McFarland Co.
Schmalleger,F., Hall, D. E. & Dolatowski, J. J. (2010). Criminallaw today (4th ed.).Upper Saddle River, NJ: Pearson Learning.