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