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Comparing Mens Rea And Actus

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Comparing Mens Rea And Actus
There are many elements of crimes but the two main elements are Mens Rea and Actus Reus. Mens rea is a wrongful doing or a guilty mind. Actus Reus is an evil act, unlawful killing of another human being. Crimes also have clear elements that are in the definitions of a crime. A great example is murder, in the California penal code, murder states it is the unlawful killing of a human being, or a fetus, with malice aforethought. Malice aforethought is planning to act an evil act or having a purpose. In better terms murder is the killing of a human being with an intent or had an intention before of killing a human being. The biggest thing we need in a particular crime is causation where tells us the meaning of connecting the crime with the results, …show more content…
General intent is the action but not the outcome. Specific intent is when you mean for the outcome. Lastly transferred intent is one harm to one person which results the harm to the other person instead of their intended the target. The three types of intent needs to happen in any crime. There are three kinds of categories that happen, felony, misdemeanor and infraction. Felony penal code 17, is punishable with death or imprisonment in the state prison or in the county jail for the term of sixteen months or two to four years or it can be for longer period of time. Misdemeanor penal code 17 every other crimes are a public offense but except those offenses that are under infractions. Infraction under the penal code 19.6 is not punishable by imprisonment but is charged with a fine and a person who is charged with this is not allowed to trial by jury or have a public defender. There is another category that is called a wobbler which sometimes a crime that is filed as a felony can be reduced to a misdemeanor by the judge at the preliminary …show more content…
First degree murder states from the penal code 190(a) that every person is guilty of murder in first degree must suffer death, in state prison for life without parole or in state prison for twenty-five years to life. If a victim is killed because of disability, gender or sexual orientation the punishment is life without parole. In second degree murder also known as involuntary meaning a person doesn’t mean to kill the victim but does. There is also voluntary murder that falls under second degree murder which they decide to kill the victim but later in the moment they kill the victim without thinking. Under the penal code 190(a), (b) and (c) which states every person shall be guilty and punished by imprisonment in state prison for twenty-five years to life if only the victim was a police officer except for (b) and (c) which is a subdivision. Punishable for twenty-five years to life and without parole for a term life if the victim was a police officer. Second degree murder happens with the intent to do harm but do not intent to kill. Third degree murder is also known as voluntary manslaughter this crime can happen many ways, one this can happen within the heat of the moment, there is no intent before killing and which is committed to being a reasonable person to become emotionally or mentally disturbed or when the person kills the other thinking that it’s for self-defense when that is wrong. An involuntary

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