Essay On Statutory Offenses
What is meant by the phrase “crimes are statutory offenses”?
The meaning of the phrase "crimes are statutory offenses" is that in order for the government to convict a defendant of a crime, the government must (1) demonstrate that the suspect acts disobey a criminal statute; (2) prove a reasonable doubt that the suspect committed the acts; and (3) prove that the suspect had the capacity to form a criminal intent (Mallory et al., 2015, pg. 135). Since the definition of statutory offenses means "the wrong punishable under a statue, rather than at common law" (dictionary.com, n.d). An example of a statutory offenses would be like someone who is driving under the influences (DUI) or even someone who was harassing someone. Explain Criminal Intent.
Criminal Intent is inferred from an accused's behavior. Like a person would have intended the natural and probable consequences of their acts (Mallor et al., 2015). The requirement for the intent is the criminal law's general goal of punishing aware criminals. The proof that the defendant would need to form an intent is a "traditional prerequisite of criminal responsibility" (Mallor et al., 2015). An example of criminal intent would be that Katie and Tally were at the Michael Kors store …show more content…
159). The issues with the Double Jeopardy Clause is that the clause does not prevent the possibility that a single criminal act may lead to more than one prosecution. "One criminal act can produce several statutory violations. But a single criminal act with multiple victims could result in several prosecutions because the identity of each victim would be an additional fact or element of proof in each case” (Mallor et al., 2015, pg.159). Also, the Double Jeopardy Clause “does not bar a private plaintiff from pursuing a civil case” (Mallor et al., 2015,
The meaning of the phrase "crimes are statutory offenses" is that in order for the government to convict a defendant of a crime, the government must (1) demonstrate that the suspect acts disobey a criminal statute; (2) prove a reasonable doubt that the suspect committed the acts; and (3) prove that the suspect had the capacity to form a criminal intent (Mallory et al., 2015, pg. 135). Since the definition of statutory offenses means "the wrong punishable under a statue, rather than at common law" (dictionary.com, n.d). An example of a statutory offenses would be like someone who is driving under the influences (DUI) or even someone who was harassing someone. Explain Criminal Intent.
Criminal Intent is inferred from an accused's behavior. Like a person would have intended the natural and probable consequences of their acts (Mallor et al., 2015). The requirement for the intent is the criminal law's general goal of punishing aware criminals. The proof that the defendant would need to form an intent is a "traditional prerequisite of criminal responsibility" (Mallor et al., 2015). An example of criminal intent would be that Katie and Tally were at the Michael Kors store …show more content…
159). The issues with the Double Jeopardy Clause is that the clause does not prevent the possibility that a single criminal act may lead to more than one prosecution. "One criminal act can produce several statutory violations. But a single criminal act with multiple victims could result in several prosecutions because the identity of each victim would be an additional fact or element of proof in each case” (Mallor et al., 2015, pg.159). Also, the Double Jeopardy Clause “does not bar a private plaintiff from pursuing a civil case” (Mallor et al., 2015,