Chapter 2Crime and Its Consequences.pptVIP

Chapter 2 Crime and Its Consequences * * * Chapter 1 Crime and Justice in the United States Chapter 1 Crime and Justice in the United States A Legal Definition A legal definition of crime is used in criminal justice in the United States. A Legal Definition Some behaviors prohibited by criminal law should not be. Overcriminalization arises in victimless crimes: Gambling Prostitution involving consenting adults Homosexual acts between consenting adults Use of some illegal drugs, such as marijuana A Legal Definition For some behaviors prohibited by criminal law, the law is not routinely enforced. Nonenforcement is common for: White-collar crimes Government crimes Victimless crimes Minor crimes Nonenforcement causes disrespect for the law. A Legal Definition Behaviors that some people think should be prohibited by criminal law are not. This is undercriminalization. undercriminalization The failure to prohibit some behaviors that arguably should be prohibited. Elements of Crime Technically and ideally, a crime has not been committed unless the following elements are present: Harm Legality Actus reus Mens rea Causation Concurrence Punishment A Legal Definition For crime to occur, there must be harm, either physical or verbal. Thinking about committing a crime is not a crime. A verbal threat to strike another person is a crime. harm The external consequence required to make an action a crime. Legality Legality has two aspects: The harm must be legally forbidden A criminal law must not be ex post facto. Actus Reus Actus reus requires actual criminal conduct, or criminal negligence: If parents fail to provide food, clothing, and shelter for their children, they are committing a crime. Mens Rea Mens rea refers to the mental aspect of crime. Criminal conduct usually refers to intentional action or inaction. Sometimes, negligence or reckless action can be criminal. mens rea Criminal intent; a guilty state of mind. negligence The failure to take reasonable precautions to