An
element of a crime (collectively called
elements of crime) is a basic set of
common law principles regarding
criminal liability that, with few exceptions, constitute the essential elements to prove that the defendant committed a crime under
United States law. The jury must be convinced
beyond a reasonable doubt that the defendant committed each element of the particular crime charged before deciding on a
guilty verdict. The component parts that make up any particular crime vary depending on the crime.
[1]The basic components are listed below.[2] However, the two generally necessary elements which must coexist for a crime to have occurred is that the defendant must have committed an act and that act must have been committed with intention.[3]
Although most legal systems recognize the importance of the guilty mind, or mens rea, exactly what is meant by this concept varies. The American Law Institute's Model Penal Code has reduced the mental states to four. In general, guilt can be attributed to an individual who acts “purposely,” “knowingly,” “recklessly,” or “negligently.” Together or in combination, these four attributes seem basically effective in dealing with most of the common mens rea issues.[5]
All crimes require actus reus. That is, a criminal act or an unlawful omission of an act, must have occurred. A person cannot be punished for thinking criminal thoughts. This element is based on the problem of standards of proof. How can another person's thoughts be determined and how can criminal thoughts be differentiated from idle thoughts? Further, the law's purview is not to punish criminal ideas but to punish those who act upon those ideas voluntarily.[6]
