Unit 14 General Consideration

Every crime is made up of certain elements. Elements are the conditions that make an act a crime. A crime cannot be committed unless all its elements are fulfilled. For example, robbery is defined as the unlawful taking of goods or money from someone by force or intimidation. Thus, the elements of robbery are: (1) taking of goods or money, (2) the use of force or intimidation, and (3) the lack of consent of the person from whom the goods or money are taken.

If someone picks your pocket without your knowing it, the person cannot be convicted of robbery. This is because the person did not use force or intimidation - one of the elements of robbery. However, the person could be convicted of larceny, because the elements of larceny do not include the use of force or violence.

Almost all crime require an act and an intent. Criminal intent means that the person intended or meant to commit a crime. Criminal intent involves knowing and willful action. If a person acts because of a mistake or some other innocent reason, there is no criminal intent. For example, suppose a hunter accidentally shoots another hunter whom he mistakes for a deer. No crime is committed because there was no criminal intent.

A few crimes are strict liability offences. These crimes do not require criminal intent. Strict liability offenses make the act itself a crime regardless of the knowledge of the person committing the act. For example, the law makes it illegal to sell alcoholic beverages to minors. This is true regardless of whether the seller knew the buyer was under age or did not.

Intent is different from motive. The motive is the reason a person commits a crime. For example, in murder, the motive is the reason a person kills someone - for revenge, to obtain money, and so on. A good motive can never justify a criminal act. Robin Hood had a good motive. He stole from the rich to give to the poor, but his actions were still unlawful.

A single act can be both a criminal and a civil wrong. For example, if Paul purposely sets fire to Floyd’s store, the state may file criminal charges against Paul for arson. Floyd may also bring a separate civil action against Paul to recover for the damage to his store.

Recognition Vocabulary

nouns	verbs		adjectives
condition - условие goods - товары force - сила intimidation - запугивание consent - согласие pickpocket - вор-карманник larceny - кража violence - насилие intent - намерение reason - причина liability - ответственность offense, wrong - правонарушение beverage - напиток minor - несовершеннолетний charge - обвинение damage - ущерб		file - предъявить (обвинение) bring (an action) - предъявить (иск) justify - оправдать intend - намериваться include - включать make up of - состоять из fulfil -осуществлять convict - осуждать require - требовать, предполагать involve - вовлекать recover - возместить (ущерб) sue - возбуждать дело		(un)lawful - (бeз)законный innocent - невинный regardless of - независимый от willful - добровольный