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  • even though criminal law interests everyone and it's something everybody

  • will deal with at least once a lot of people don't know very much about it

  • here are a few basic concepts that might help but beware though

  • this isn't legal advice just a general explanation

  • let's start with the two most basic elements of a crime: 1st "mens rea"

  • now mens rea is not, as it sounds, some sort of mainly death ray

  • "mens rea" is Latin for "guilty mind." to commit a crime you have to have a

  • particular state of mind when you act. obvious right? let's use an example

  • if you commit a criminal act like bank robbery but you're sleepwalking then you didn't act

  • with a guilty mind and so you didn't commit a crime you have to act with a

  • guilty mind at the exact time of the criminal act so if you decided to murder

  • someone but on your way there you're not paying attention

  • and you hit them with your car

  • that's not murder because even though you had a bad act and a guilty mind you

  • didn't have the guilty mind when you did the bad act

  • you were thinking about something else

  • "actus reus" is just a fancy word for a "criminal act." you can't commit a crime

  • without action but even if you want to commit a crime

  • you may not actually be successful

  • this is called an attempt. an attempt is a special crime

  • that requires two things be present

  • 1st the guilty mind or the intent to commit a crime, 2nd an act

  • something significant enough that the attempter is showing they really want to

  • commit the crime but is not actually committing the entire crime

  • the world is full of criminals who didn't quite pull it off for all kinds of reasons

  • the difference in the criminal act is the important part

  • if you committed the whole act it wouldn't be attempted robbery it would just be robbery

  • for example grabbing a purse but not actually taking it would be a big

  • enough act to be an attempt but touching a purse in passing

  • while you think about possibly grabbing it

  • would not be enough even though you were thinking about it so it's important not

  • to jump the gun on stopping an attempt having the intent is still important you

  • can't commit an attempt because you're being reckless or not paying attention

  • even if you could commit the underlying crime that way

  • so while you can recklessly commit manslaughter

  • you can't recklessly attempt manslaughter

  • you can't recklessly attempt to commit any crime for that matter

  • it might be another crime but not attempt because you have to intend to

  • commit a crime for an attempt to take place

  • and there you have it

even though criminal law interests everyone and it's something everybody

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A2 初級

18分でわかる刑法(前編 (Understand Criminal Law in 18 Minutes (Part I))

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    Amy.Lin に公開 2021 年 01 月 14 日
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