The 5 Elements of a Crime

Within the scope of criminal law, the 5 elements of a crime are considered to be:

Actus Reus

Actus Reus, which is the Latin term for ‘conduct’, is the primary identifier of a crime. This states the details of the crime itself, in addition to the authentication of the criminal act. Criminal acts can be punished, while criminal thoughts cannot.

Mens Rea

Mens Rea, which is the Latin term for ‘mental state’, is the process used to gauge the level of intent upon carrying out a crime. While some crime is committed volitionally and purposefully, other crimes are the result of accidental circumstances or unforeseen circumstances. The intent of a crime factors into the both the charges, as well as the sentencing.

Causation

Causation designates an end result that must occur in order for a specific crime to be classified as such. In order for there to be a DUI charge, an individual must be operating a motor vehicle while under the influence of drugs and/or alcohol.

Culpability

The amount of blame placed on the individual or entity that has committed a criminal act.

Burden of Proof

The legal methodology stating that the responsibility of substantiating a claim is the responsibility of whoever introduces an accusation.