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In most common law jurisdictions, an element of a crime 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 ...
(For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages , or for punitive damages . The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system.
Penology (also penal theory) is a subfield of criminology that deals with the philosophy and practice [1] [2] of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.
This category contains articles which are related to the principles of criminal liability the make up the essential elements of all crimes, with some exceptions. Subcategories This category has only the following subcategory.
In criminal law, actus reus (/ ˈ æ k t ə s ˈ r eɪ ə s / ⓘ; pl.: actus rei), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being Latin: mens rea ("guilty mind"). In the United States, it is sometimes called the external element or the objective ...
Psychoanalytic criminology may be said to have begun with a 1911 study of parricide; [9] but its real foundation came in 1916 when Freud published Criminality from a Sense of Guilt, in which he maintained that many criminals were driven by unconscious guilt which preceded the crime and led to a need for punishment. [2]
AOL's True Crime channel has the latest news on serial killers, current cases, controversial murder cases and more.
A motive is the cause that moves people to induce a certain action. [1] In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.