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The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute. [3] actus reus: guilty act Part of what proves criminal liability (with mens rea). / ˌ æ k t ə s ˈ r iː ə s / ad coelum: to the sky
The term penology comes from "penal", Latin poena, "punishment" and the Greek suffix -logia, "study of". Penology is concerned with the effectiveness of those social processes devised and adopted for the prevention of crime, via the repression or inhibition of criminal intent via the fear of punishment. The study of penology therefore deals ...
Corpus delicti (Latin for "body of the crime"; plural: corpora delicti), in Western law, is the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can be proven that property has been stolen.
In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
An omission can be criminal if there is a statute that requires one to act. A duty of care is imposed and one is required to act when one is: under a contract ( R v Pittwood [ 5 ] ), has assumed care (R v Stone and Dobinson [ 6 ] ), has created a dangerous situation ( R v Miller [ 7 ] ), or fails to perform one's official position ( R v Dytham .
A modus operandi (often shortened to M.O. or MO) is an individual's habits of working, particularly in the context of business or criminal investigations, but also generally. It is a Latin phrase, approximately translated as ' mode (or manner) of operating '. [1]
A person who learns of the crime after it is committed and helps the criminal to conceal it, or aids the criminal in escaping, or simply fails to report the crime, is known as an "accessory after the fact". A person who does both is sometimes referred to as an "accessory before and after the fact", but this usage is less common.
Prima facie (/ ˌ p r aɪ m ə ˈ f eɪ ʃ i,-ʃ ə,-ʃ i iː /; from Latin prīmā faciē) is a Latin expression meaning "at first sight", [1] or "based on first impression". [2] The literal translation would be "at first face" or "at first appearance", from the feminine forms of primus ("first") and facies ("face"), both in the ablative case.