SSCI1000U Lecture Notes - Lecture 2: Actus Reus, Mens Rea, Mental Disorder
11 Oct 2016
School
Department
Course
Professor
Document Summary
Substantive criminal law: laws that forbid certain types of conduct. Informs what we can do and cannot do. Sources are the basic agreed upon values, so right and wrong. Procedural criminal law: hows the rights and duties of individuals can be enforced. Can also be refered to as due process. However, constrains actions of criminal agencies as well with the context of prodcedural safeguards. Criminal liability: two approaches : general and legal. General definition of crime: any actions that is: 1. That is prohibited by the criminal law; and: 3. That can be prosecuted by the state: 4. In a formal court environment: for which a punishment can be imposed. (senna and siegel 1995, in goff, 201. Includes: mental and physical elements, attendant circumstances causal link between act and harm. Corpus delecti - body of the crime : 1. Concurrence of mens rea and actus reus: 5. Legality: no crime unless the law forbids it.
