Process Essay: The Four Theories Of Legality
Legality
The offensive behavior is not considered illegal unless it was prohibited by law before it was committed. The act must adhere to the statutes of a particular jurisdiction. Legality assures that the defendant can not be penalized or charged with a crime, unless the act has been announced publicly as a criminal act before the occurrence. Furthermore, “the same applies if the law is passed retroactively to criminalize an action that was not criminal at the time that it occurred.” (http://www.lectlaw.com/mjl/cl015.htm)
Actus reus
An action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused. There must be an act of either commission or omission by the accused for a crime to occur. Omission defined as the failure to act, and commission being the guilty act. In order to establish criminal liability, there is required proof of both actus reus and mens rea, meaning the defendant must have had the intention or knowledge of the wrongdoing, and acted upon said intention. For example, if one is in possession of an illegal narcotic, one is not acting or failing to act but merely in possession. This is a state of being (Justice Education Society, 2016).
Harm …show more content…
To be a crime, an act must cause harm to some legally protected value. This principle sets a standard for what type of actions can be justifiably
The offensive behavior is not considered illegal unless it was prohibited by law before it was committed. The act must adhere to the statutes of a particular jurisdiction. Legality assures that the defendant can not be penalized or charged with a crime, unless the act has been announced publicly as a criminal act before the occurrence. Furthermore, “the same applies if the law is passed retroactively to criminalize an action that was not criminal at the time that it occurred.” (http://www.lectlaw.com/mjl/cl015.htm)
Actus reus
An action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused. There must be an act of either commission or omission by the accused for a crime to occur. Omission defined as the failure to act, and commission being the guilty act. In order to establish criminal liability, there is required proof of both actus reus and mens rea, meaning the defendant must have had the intention or knowledge of the wrongdoing, and acted upon said intention. For example, if one is in possession of an illegal narcotic, one is not acting or failing to act but merely in possession. This is a state of being (Justice Education Society, 2016).
Harm …show more content…
To be a crime, an act must cause harm to some legally protected value. This principle sets a standard for what type of actions can be justifiably