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WHAT IS A CRIME?The most fundamental characteristic of a crime is that it is a punishable offense against society. Consequently, when a crime occurs, society, acting through such employees as the police and prosecutors, attempts to identify, arrest, prosecute, and punish the criminal. But it is societies acting through their governments that make the rules declaring what acts are illegal Hence, war is not a crime. Although it is the most violent of human activities, it has not been declared illegal by governments or their agencies. But petty theft - the stealing of a loaf of bread - is a crime because the laws of most states and nations have said so.Before anyone can be convicted of a crime, three elements usually must be proved at the trial. They are: 1) a duty to do or not to do a certain thing; 2) a violation of the duty; 3) criminal intent.DutyThe duty to do or not to do a certain thing usually is described by statutes which prohibit certain conduct. Generally only conduct that is serious - involving violence or theft of property - is classified as an offense against society and therefore criminalViolation of the dutyThe breach of the duty must also be proved in a criminal trial. This is the specific conduct by the defendant, which violates the duty. For example, battery is always a crime often defined as “the intentional causing of corporal harm”. A breach of this duty could be established in a trial by the testimony of a witness who swore that they saw the defendant deliberately punch the victim.Criminal intentThis element must be proved in most cases. Criminal intent generally means that the defendant intended to commit the act and intended to do evil.A few crimes do not require criminal intent. These are generally less serious crimes, for which a jail sentence is very unlikely. Traffic offenses fall within this classification. You may not have intended to speed or have intended evil but you have still committed this crime.Ignorance or mistake is generally no excuse for violating a law. A person is presumed to know what the law is. To have criminal intent, one must have sufficient mental capacity at the time one commits a crime to know the difference between right and wrong and to be capable of deciding what to do. Accordingly, insane persons are not held liable for their criminal acts.
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