What are the elements of a crime?

The elements of a crime are the components needed to prove that a criminal act has taken place. In New York, all criminal acts have four elements: actus reus (Latin for “guilty act”), mens rea (Latin for “guilty mind”), concurrence, and causation. Actus reus is the guilty act, or the physical action taken by the accused criminal which violates the law. It is not enough to have been charged with a crime, actus reus must also be proven in order for a conviction to take place. Mens rea is the guilty mind, or the intent of the accused criminal. It is not enough to merely commit the act, you must also have had the intent behind your actions, in order for a conviction to take place. Concurrence is the simultaneous presence of actus reus and mens rea. Both components are necessary in order to be charged with a crime in New York. Causation is the action that actually caused the crime to take place. If no action directly caused the crime to take place, then no crime has been committed and no conviction can take place. In order for a criminal case to lead to a conviction, all four of these elements must be present and proven beyond a reasonable doubt. The prosecutor must be able to prove that not only did the accused commit an act that violated the law, but also that they had the intent behind their actions to commit a crime. The prosecutor must also be able to prove causation and concurrence, meaning that the accused criminal’s act and intent must be tied together and must be the cause of the crime in question.

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