I will be explaining through the seven elements of crime whether illegal drug use, prostitution, and gambling fit the elements (Bohm & Haley, 2011). The seven elements of the crime are harm, legality, actus reus, mens rea, causation, concurrence, and punishment.
Discuss in detail whether illegal drug use, prostitution, and gambling fit the seven elements of a crime from. Include in your discussion whether these three crimes should be considered mala in se or mala prohibita. The first element of the crime is harm (Bohm & Haley, 2011). Harm is an external consequence of a crime. There are questions at times if harm is present in what some consider victimless crimes such as gambling and some consider the moral fabric
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Mens rea is criminal intent or a guilty state of mind and is the mental aspect of the crime being committed. This is limited to intentional or purposeful action or in action and is not an accident. The fifth element of the crime is causation (Bohm & Haley, 2011). Causation is a casual relationship between the legally forbidden harm and the actus reus. What this is to prevent people from having a delay or threat of criminal charges the rest of their life. The sixth element of the crime is concurrence (Bohm & Haley, 2011). Concurrence is that the criminal conduct and intent must occur together. The seventh element of the crime is punishment (Bohm & Haley, 2011). Punishment is where there is a provision for punishment or a threat of punishment for a crime that has been committed. Without punishment, there would be no criminal laws. Therefore, I believe that illegal drug use, prostitution, and gambling fit all seven of the elements of a crime as described above (Bohm & Haley, 2011). These crimes are also characterized as mala prohibita due to the offenses are made illegal by laws and not by mala in se, they are crimes that are everywhere and have been crimes such as
1. Give an example of a mala prohibita crime and describe why it is mala prohibita. An example of a mala prohibita crime would be driving over the speed limit. When people do this they are breaking the law, but they are not doing it in a malicious way; they are not trying to be bad.
I will be discussing the key facts and critical issues presented in various roles/goals within the United States (Schmalleger & Smykla, 2015). The The Various roles/goals of Sentencing within the United States. In a narrative format, discuss the key facts and critical issues presented. The various goals of criminal sentencing today are revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation or reformation, and restoration (Schmalleger & Smykla, 2015). The first is revenge.
My paper aims to discuss the three different factors of criminal behaviour, what causes it and why. My essay will examine and focus mainly on the genetic makeup of a person, the environment in which they are raised in and gender differences.
These attributes can be something that a person has no control over, such as their race or socio-economic background. Criminalization is not often based on laws, but instead revolves around customs that others have been understood as good or bad, which can later lead to laws. This idea consists of the reinterpretation of everyday actions or ideas and vilifying them (Merry 14 -15). In the cases of children there exists the idea that a child who commits a violent and heinous crime will only become more violent and will continue to commit crimes. Therefore, once a despicable act has been committed by a child he or she becomes labeled as a violent criminal.
Criminal intent is the committing of a crime despite the knowledge and awareness that such is wrong lawfully and morally. Crime is a constant in the novel The Secret Life of Bees. Nearly every mentioned character is a criminal based on the laws of the time: 1960’s. The story is about 14-year-old Lily Owens, who runs away with her black stand-in mother from her abusive father.
For many, crimes were a necessary evil in order to stay
The objective of criminological theories is to help one gain an understating of crime and criminal justice. Speculations cover the making and the infringing upon of the law, criminal and degenerate conduct, and additionally examples of criminal movement All of the listed theories play an important role regarding the reason why Aaron Hernandez committed the
Integrated theory does not necessarily attempt to explain all criminality but is distinguishable by the idea of merging concepts drawn from different sources. Integrated criminology tries to bring together the diverse bodies of knowledge that represents the full range of disciplines that study crime (Schmalleger, 2012). Integrated theories provide wider explanatory power (Schmalleger, 2012). Integrative theories are like diversified theories and focus on criminal behavior and criminal activity while other theories focus on punishment and crime control (Jeffery, 1959). Integrated approach combines concepts and propositions from two or more prior existing theories into a single new set of integrated concepts and propositions (Elliot, 2017).
Drugs are the dangerous substances that will destroy the consumer both physically and mentally; therefore, it is necessary to determine these substances restrictively. In order to do that, I am strongly assuring that the drugs should be legalized. There are three main reasons why the drugs should be legalized: diminution of crime rates, health guarantee, and extending of drugs regulation. Drugs are one of the crime sources, although not by the drugs, itself, but the condition. Illegal drugs are rare products that could not be found in the normal market, the cost for its rarity is totally expensive.
There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.
Public order crimes are often referred to as consensual crimes, victimless vice, crimes without victims or victimless crimes (Siegel, 2006). Crimes against public order are defined as crime which involves acts that interfere with the operations of society and the ability of people to function efficiently (Siegel, 2006). Public order crimes often trace their origin to moral crusaders who seek to shape the law toward their own way of thinking. Significant debate continues on how to reduce public order crimes such as illegal prostitution, illicit drugs, and money laundering. The drug problem today is very large and continues to grow more serious every year.
Mendelsohn calls the victim and his offender the ‘Penal couple '. The victim offender relationship may contain origin of victimization. The inhibitions and offender may have seemed to change according to the type of qualities the victim possesses. The attitude and behaviour of the victim influences the offender and which makes possible the criminal act.
Mens rea is the element of a crime which alludes to what is known as the “guilty mind”. The case of R v Mohan [1976] QB 1 , the case dealing with the meaning of intention in the context of the offence of murder, James LJ clarified that intention meant ‘aim’ or ‘a decision to bring about a certain consequence’ whilst mens rea is generally related with motive what it more directly links to the notion of intention. There are two types of intention, direct intention and oblique intention .Oblique intention is difficult for a jury to infer and difficult for a prosecutor to prove. Defining mens rea of intention precisely is very difficult over the years.
The mens rea is the mental element of an offence. It refers to the mental state of the accused in terms of the offence. If no mens rea is present the accused cannot be convicted with the exception of absolute or strict liability. In order for a person to be guilty of a specific crime it is expected that the defendant has the necessary mens rea.(4) ‘Intention means the conscious objective or purpose of the accused.’(1) Intention is not the same as motive or desire to achieve a particular result.
Two other theories are discussed in chapter 12 regarding drugs and crime: drug enslavement theory and general deviance syndrome theory. The book states that according to drug enslavement theory, “Drug users are forced into a life of crime because they cannot afford to pay for their drug habits unless they use crime to get money for their next fix” (Thio, 2013, pg. 311). The book states that according to general deviance syndrome theory, “The high correlation between drug use and crime does not mean that drug use causes crime because most drug users with a criminal record have committed crime before using drugs” (Thio, 2013, pg. 311). Both theories suggest that using drugs and committing crimes are related. Therefore, if marijuana use is legalized, the assumption can be made that there would essentially be some kind of decline in crime in regard to marijuana charges.