Elements of a Crime c c c
These are the four basic elements of every crime.
c c c c c c c c
• Actus Reus c
• Mens Rea c
• Attendant Circumstances c
• Causation
Elements of burglary c c
Burglary requires: c
• A breakingand entering(actusreus) the dwellinghouse of another, at night (attendant
c c c c c c c c c c c c c
circumstance), with intent (mens rea) to commit a felony therein.
c c c c c c c c c c
Midterm example c
IdentifytheactusReus
c c c c
May be given the statue and ask to identify the mens rea
c c c c c c c c c c c
Hypo:
If the D starts to break a window but then stops and enters through the unlocked front door is that still
c c c c c c c c c c c c c c c c c c c c
breaking and entering for burglary?
c c c c c
Doesn’t matter that they didn’t break it. At common law, if the door is closed. Opening a closed door is
c c c c c c c c c c c c c c c c c c c
enough for a breaking. If the door is ajar in some jurisdictions pushing the door is enough for a
c c c c c c c c c c c c c c c c c c c
breaking.
c
SCRAP: when an omission can lead to criminal liability
c c c c c c c c
Generally, there is no requirement to act but this way fall under an acceptation…
c c c c c c c c c c c c c
S-Statutory creation of a duty (in every statue, parents are required to care for children)
c c c c c c c c c c c c c c
C-Contractual Creation of a Duty (defendant agreed but then didn’t do it, people with certain jobs
c c c c c c c c c c c c c c c
have a duty(lifeguards, police officer))
c c c c c
R-Relationship of a special nature that creates the duty (siblings don’t count) c c c c c c c c c c c
Note: This usually applies when there is a special relationship towards the victim; it may also apply if
c c c c c c c c c c c c c c c c c
there is a special relationship leading to a duty to control the perpetrator
c c c c c c c c c c c c c
A-Assumption of voluntary care and seclusion of an injured person to create the duty. c c c c c c c c c c c c c
P-Peril to another wrongfully caused by the actor, creating a duty to assist.
c c c c c c c c c c c c
Possession as Act c c
• Possession is a voluntary act if the possessor knowingly procures or receives the thing c c c c c c c c c c c c c
possessed, or having acquired control of it was aware of his control for a sufficient time to
c c c c c c c c c c c c c c c c c
have enabled him to dispose of it or terminate his control.
c c c c c c c c c c c
These are the four basic elements of every crime.
c c c c c c c c
• Actus Reus c
• Mens Rea c
• Attendant Circumstances c
• Causation
Elements of burglary c c
Burglary requires: c
• A breakingand entering(actusreus) the dwellinghouse of another, at night (attendant
c c c c c c c c c c c c c
circumstance), with intent (mens rea) to commit a felony therein.
c c c c c c c c c c
Midterm example c
IdentifytheactusReus
c c c c
May be given the statue and ask to identify the mens rea
c c c c c c c c c c c
Hypo:
If the D starts to break a window but then stops and enters through the unlocked front door is that still
c c c c c c c c c c c c c c c c c c c c
breaking and entering for burglary?
c c c c c
Doesn’t matter that they didn’t break it. At common law, if the door is closed. Opening a closed door is
c c c c c c c c c c c c c c c c c c c
enough for a breaking. If the door is ajar in some jurisdictions pushing the door is enough for a
c c c c c c c c c c c c c c c c c c c
breaking.
c
SCRAP: when an omission can lead to criminal liability
c c c c c c c c
Generally, there is no requirement to act but this way fall under an acceptation…
c c c c c c c c c c c c c
S-Statutory creation of a duty (in every statue, parents are required to care for children)
c c c c c c c c c c c c c c
C-Contractual Creation of a Duty (defendant agreed but then didn’t do it, people with certain jobs
c c c c c c c c c c c c c c c
have a duty(lifeguards, police officer))
c c c c c
R-Relationship of a special nature that creates the duty (siblings don’t count) c c c c c c c c c c c
Note: This usually applies when there is a special relationship towards the victim; it may also apply if
c c c c c c c c c c c c c c c c c
there is a special relationship leading to a duty to control the perpetrator
c c c c c c c c c c c c c
A-Assumption of voluntary care and seclusion of an injured person to create the duty. c c c c c c c c c c c c c
P-Peril to another wrongfully caused by the actor, creating a duty to assist.
c c c c c c c c c c c c
Possession as Act c c
• Possession is a voluntary act if the possessor knowingly procures or receives the thing c c c c c c c c c c c c c
possessed, or having acquired control of it was aware of his control for a sufficient time to
c c c c c c c c c c c c c c c c c
have enabled him to dispose of it or terminate his control.
c c c c c c c c c c c
