Commission of a crime

Definition

The commission of a crime refers to the act of carrying out an illegal activity that violates criminal law. It involves both the intention to commit the crime and the actual performance of the prohibited act, often defined as 'actus reus.' Understanding this term is essential as it lays the foundation for determining criminal liability, emphasizing that mere intention or thought is insufficient without a corresponding action.

5 Must Know Facts For Your Next Test

1. The commission of a crime must be demonstrated through both a guilty mind (mens rea) and a guilty act (actus reus).
2. Not all actions that are illegal constitute the commission of a crime; it requires fulfillment of specific legal criteria.
3. Crimes can be categorized into felonies and misdemeanors based on their severity and potential penalties.
4. Inchoate crimes, such as conspiracy or attempt, can also qualify as the commission of a crime even if the act was not completed.
5. Defenses against the commission of a crime often focus on disputing either the act itself or the mental state of the accused at the time of the alleged crime.

Review Questions

• How do actus reus and mens rea work together to establish the commission of a crime?
  • Actus reus, which refers to the physical act of committing a crime, and mens rea, the mental state or intent behind that act, are both essential components for establishing criminal liability. Without actus reus, there is no action taken to constitute a crime, while without mens rea, there is no intent to commit an illegal act. Together, they form the basis for evaluating whether someone can be held legally accountable for their actions.
• What distinguishes felonies from misdemeanors in relation to the commission of a crime?
  • Felonies and misdemeanors differ primarily in severity and punishment related to the commission of a crime. Felonies involve more serious offenses that can lead to harsher penalties, such as longer prison sentences or even death. Misdemeanors, on the other hand, encompass less severe infractions that typically result in lighter penalties like fines or shorter jail terms. This classification helps determine the legal consequences individuals face when they commit different types of crimes.
• Evaluate how inchoate crimes fit into the understanding of the commission of a crime and their implications for criminal liability.
  • Inchoate crimes provide insight into how criminal liability can arise even without the completion of a criminal act. They include attempts and conspiracies where individuals take steps toward committing a crime but do not fully execute it. This highlights that liability isn't solely based on completed actions; rather, even intent and planning can result in charges. The existence of inchoate offenses ensures that the law addresses potential threats before they culminate in harm.

Related terms

Mens Rea: The mental state or intent behind committing a crime, which is often considered alongside actus reus to establish liability.

Felony: A serious crime, typically punishable by imprisonment for more than one year or by death.

Misdemeanor: A less serious crime, usually punishable by fines or imprisonment for less than one year.