Concept
Mens rea
Concepts associés (38)
Actus reus
Actus reus est le terme latin signifiant l'acte de culpabilité (l'élément externe ou objectif d'une infraction criminelle). C'est un élément essentiel dans la détermination d'un crime. Ainsi, lorsqu'aucun doute raisonnable ne subsiste par suite de la démonstration de la preuve, l'acte de culpabilité, prouvé de concert avec l'intention de l'individu de commettre une infraction criminelle (mens rea), crée la responsabilité criminelle de l'accusé dans les juridictions criminelles qui suivent le système de la common law (Canada, Australie, Nouvelle-Zélande, États-Unis, Royaume-Uni, Irlande).
Age of criminal responsibility
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.
Grievous bodily harm
Assault occasioning grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses.
Element (criminal law)
Under United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary now depending on the crime.
Traîtrise
thumb|La mort de Jules César, un exemple classique d'assassinat par traîtrise. La traîtrise ou traitrise est une circonstance aggravante de la responsabilité criminelle, généralement remarquée aux délits contre les personnes. On peut trouver son origine dans l'ordre juridique français (guet-apens), italien (meurtre pour aguato) et espagnol (alevosía).
Imputation (law)
In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse. All laws are published and available for study in all developed states. The content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently. This fiction tries to negate the unfairness of someone avoiding liability for an act or omission by simply denying knowledge of the law.
Criminal negligence
In criminal law, criminal negligence is an offence that involves a breach of an objective standard of behaviour expected of a defendant. It may be contrasted with strictly liable offences, which do not consider states of mind in determining criminal liability, or offenses that requires mens rea, a mental state of guilt. To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence).
Transferred intent
Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible. To be held legally responsible, a court typically must demonstrate that the perpetrator had criminal intent (mens rea), that is, that they knew or should have known that another would be harmed by their actions and wanted this harm to occur.
Excuse
In American jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse). Exculpation is a related concept which reduces or extinguishes a person's culpability, such as a their liability to pay compensation to the victim of a tort in the civil law. The excuse provides a mitigating factor for a group of persons sharing a common characteristic.