concurrence - Article Index

Encyclopedia - Attempt: Encyclopedia - Attempt
The essence of the crime of attempt is that the defendant has failed to commit the actus reus (the Latin term for the "guilty act") of th...   » Read the article

Encyclopedia - Conspiracy Crime: Encyclopedia - Conspiracy Crime
In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, so a n...   » Read the article

Encyclopedia - Crime: Encyclopedia - Crime
A crime in a broad sense is an act that violates a political or moral law of any one person or social grouping. In the narrow sense, a cr...   » Read the article

Encyclopedia - Actus Reus: Encyclopedia - Actus Reus
The actus reus — sometimes called the external elements of a crime — is the Latin term for the "guilty act" which, when proved beyond...   » Read the article

Encyclopedia - Abington School District V. Schempp: Encyclopedia - Abington School District V. Schempp
Supreme Court of the United States Decided June 17, 1963 Abington Township School District v. Schempp (consolidated with Murray v. Curlet...   » Read the article

Encyclopedia - Criminal Damage Act 1971: Encyclopedia - Criminal Damage Act 1971
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. It repealed the common law and all the s...   » Read the article

Encyclopedia - Actual Bodily Harm: Encyclopedia - Actual Bodily Harm
Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. It encompasses those assaults whic...   » Read the article

Encyclopedia - Vicarious Liability Criminal: Encyclopedia - Vicarious Liability Criminal
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of join...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia - Criminal Negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea (Latin for "guilty mind") element required to co...   » Read the article

Encyclopedia - Intoxication Defense: Encyclopedia Ii - Intoxication Defense - Voluntary And Involuntary Consumption
There is a certain raw sense in this distinction. As an example, the so-called Dutch courage defense sees an accused hate his spouse but ...   » Read the article

Encyclopedia - Recklessness Criminal: Encyclopedia Ii - Recklessness Criminal - R V Caldwell 1981 1 Aer 961
Caldwell, a disgruntled former hotel employee who had recently been fired by his boss, got very drunk one night in late 1979 and decided ...   » Read the article

Encyclopedia - Gertz V. Robert Welch Inc.: Encyclopedia Ii - Gertz V. Robert Welch Inc. - The Court's Decision
Six separate opinions were filed by a deeply divided court — one for the majority by Justice Powell, with a separate concurrence by Jus...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia Ii - Criminal Negligence - Discussion
To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence). Negligence sho...   » Read the article

Encyclopedia - Imputation Law: Encyclopedia Ii - Imputation Law - Criminal Law
Imputation law - Corporate liability. To incur liability for a crime, a person must have both committed a probited act (the actus reus ...   » Read the article

Encyclopedia - Intention Criminal: Encyclopedia Ii - Intention Criminal - The Test Of Intention
The policy issue for those who administer the criminal justice system is that, when planning their actions, people may be aware of many p...   » Read the article

Encyclopedia - Mens Rea: Encyclopedia Ii - Mens Rea - Subjective And Objective Tests
The test for the existence of mens rea may be: (a) subjective where the court must be satisfied that the accused actually had the requis...   » Read the article

Encyclopedia - Conspiracy Crime: Encyclopedia Ii - Conspiracy Crime - Conspiracy In English Law
Conspiracy crime - Common law residue. Under the common law the crime of conspiracy was capable of infinite growth, able to accommodate...   » Read the article

Encyclopedia - Abington School District V. Schempp: Encyclopedia Ii - Abington School District V. Schempp - The Case
The Supreme Court granted certiorari in order to settle the persistent and vigorous protests resulting from its previous decision in Enge...   » Read the article

Encyclopedia - Vicarious Liability Criminal: Encyclopedia Ii - Vicarious Liability Criminal - History
Before the emergence of states which could bear the high costs of maintaining national policing and impartial court systems, local commun...   » Read the article

Encyclopedia - Actual Bodily Harm: Encyclopedia Ii - Actual Bodily Harm - The Offence
In English law, there is a range of non-fatal offences of varying degrees of severity beginning with 'common assault' (the least serious)...   » Read the article

Encyclopedia - Attempt: Encyclopedia Ii - Attempt - The Actus Reus Of Attempted Crime
Whether the actus reus of an attempt has occurred is a question of common sense fact for the jury to decide having heard the directions a...   » Read the article

Encyclopedia - Crime: Encyclopedia Ii - Crime - Definition Of Crime In General
Most people who use this word are not "crime" specialists. Generally the word indicates a social concept of the person, where a specific ...   » Read the article

Encyclopedia - Criminal Damage Act 1971: Encyclopedia Ii - Criminal Damage Act 1971 - Elements Of The Offences
Criminal Damage Act 1971 - Damage. The word "damage" is not defined in the Act, leaving flexibility to the courts. Damage need not be p...   » Read the article

Encyclopedia - Mens Rea: Encyclopedia Ii - Mens Rea - Concepts
Each of these classes depends on the presence or absence of foresight and a second element usually expressed as "desire". In this context...   » Read the article

Encyclopedia - Mens Rea: Encyclopedia Ii - Mens Rea - The Relevance Of Motive
One of the mental components often raised in issue is that of motive. If the accused admits to having a motive consistent with the elemen...   » Read the article

Encyclopedia - Mens Rea: Encyclopedia Ii - Mens Rea - Mens Rea Under The American Law Institute Model Penal Code
Prior to the 1960s, mens rea was a very slippery, vague and confused concept. Since then, the formulation of mens rea set forth in the Mo...   » Read the article

Encyclopedia - Recklessness Criminal: Encyclopedia Ii - Recklessness Criminal - Definition Of Terms
Criminal law recognises recklessness as one of the mens rea elements to establish liability. It shows less culpability than intention, bu...   » Read the article

Encyclopedia - Mens Rea: Encyclopedia Ii - Mens Rea - Examples Of Mens Rea In Statutes
Model Penal Code: A person commits murder if he (1) purposely or knowingly (2) causes the death of a human being. Common Law: (a) It shal...   » Read the article

Encyclopedia - Recklessness Criminal: Encyclopedia Ii - Recklessness Criminal - English Law
The modern definition of recklessness has developed from R v. Cunningham (1957) 2 AER 412 in which the definition of 'maliciously' for th...   » Read the article

Encyclopedia - Gertz V. Robert Welch Inc.: Encyclopedia Ii - Gertz V. Robert Welch Inc. - Background Of The Case
In 1968 a Chicago police officer named Nuccio shot and killed a young man. After the officer was convicted of second-degree murder, his f...   » Read the article

Encyclopedia - Attempt: Encyclopedia Ii - Attempt - The Mens Rea Of Attempted Crime
Only a direct & specific intent will support a conviction. Recklessness is not a sufficient mens rea. That means that the defendant m...   » Read the article

Encyclopedia - Crime: Encyclopedia Ii - Crime - Study
Matters related to criminal behavior in society are studied in the field of sociology in the sub-field of criminology, and a person who s...   » Read the article

Encyclopedia - Crime: Encyclopedia Ii - Crime - History
The first civilizations had codes of law, though these codes were not always recorded. The first known written codes were written by the ...   » Read the article

Encyclopedia - Attempt: Encyclopedia Ii - Attempt - The Question Of Impossibility
A standard policing strategy is the use of an agent provocateur to offer temptation to suspected criminals. In some countries, evidence r...   » Read the article

Encyclopedia - Abington School District V. Schempp: Encyclopedia Ii - Abington School District V. Schempp - Subsequent History
The United States Congress reacted swiftly; by April 1964, over 150 resolutions to overturn the decision by amending the Constitution had...   » Read the article

Encyclopedia - Abington School District V. Schempp: Encyclopedia Ii - Abington School District V. Schempp - Background
Abington School District v. Schempp - Origination of case. The Abington case began when Edward Schempp, a Unitarian and a resident of A...   » Read the article

Encyclopedia - Abington School District V. Schempp: Encyclopedia Ii - Abington School District V. Schempp - The Bench
Abington School District v. Schempp - Opinion. Written by: Justice Tom C. Clark Joined by: Chief Justice Earl Warren and Justices ...   » Read the article

Encyclopedia - Abington School District V. Schempp: Encyclopedia Ii - Abington School District V. Schempp - Backlash
The public was divided in reaction to the Court's decision; the decision has sparked persistent and ongoing criticism from proponents of ...   » Read the article

Encyclopedia - Crime: Encyclopedia Ii - Crime - Natural Law Theory
An alternative view of crime is derived from the theory of natural law. In this view, crime is the violation of individual rights. Since ...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia Ii - Criminal Negligence - Particular Examples
Criminal negligence - United States. Examples of criminally negligent crimes are criminally negligent homicide and negligent endangerme...   » Read the article

Encyclopedia - Gertz V. Robert Welch Inc.: Encyclopedia Ii - Gertz V. Robert Welch Inc. - Litigation History
Gertz filed suit in federal court, claiming the article had defamed and injured his reputation as a lawyer. The respondent, the Birch Soc...   » Read the article

Encyclopedia - Imputation Law: Encyclopedia Ii - Imputation Law - Agency
In the majority of agency situations, Agents must be allowed some degree of discretion in the conduct of routine transactions. Hence, the...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia Ii - Criminal Negligence - What Is The Reasonable Person Standard?
This is not a real person but a legal fiction, an objective yardstick against which to measure the culpability of real people. For these ...   » Read the article

Encyclopedia - Crime: Encyclopedia Ii - Crime - Other Uses Of The Word Worldwide
Main articles: Felony, and [[{{{2}}}]], and [[{{{3}}}]], and [[{{{4}}}]], and [[{{{5}}}]] In other lang ... See also:Crime, Crime - De...   » Read the article

Encyclopedia - Criminal Damage Act 1971: Encyclopedia Ii - Criminal Damage Act 1971 - The Offences
Section 1(1) provides: A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or ...   » Read the article

Encyclopedia - Criminal Damage Act 1971: Encyclopedia Ii - Criminal Damage Act 1971 - Threat To Destroy Or Damage Property
Section 2 of the Act creates two offences: With the intention that another will fear it would be carried out, threatening to destroy or d...   » Read the article

Encyclopedia - Criminal Damage Act 1971: Encyclopedia Ii - Criminal Damage Act 1971 - Possessing Anything With Intent To Destroy Or Damage Property
The offence under s3 provides: A person who has anything in his custody or under his control intending without lawful excuse to use it o...   » Read the article

Encyclopedia - Intention Criminal: Encyclopedia Ii - Intention Criminal - Definitions
A range of words is used to represent shades of intention in the various criminal laws around the world. The most serious crime of murder...   » Read the article