Elements of Crime

I know I heard the answer to this question somewhere, I believe I heard Marc Stevens mention this, but still cannot find it anywhere, would someone please tell me How many elements there are in a Crime ?? And secondly what these elements are,

Thanks

Dr Glock

[Libertarian]

Depends on the crime (and the state).

The supreme court has held these are the two elements: “The injury alleged must be, for example, "`distinct and palpable,'"…and not "abstract" or "conjectural" or "hypothetical,"…The injury must be "fairly" traceable to the challenged action, and relief from the injury must be "likely" to follow from a favorable decision.” Allen v. Wright, 468 U.S. 737 (1984) (citations omitted) (emphasis added).


HenryFranklin

[weishaupt1776]

Well, the main element, which is implied to the court; which the judge knows is :

JURISDICTION!!!!!!

• "Judge, is jurisdiction an element of this allegation?"
  
  "Am I presumed innocent of EVERY ELEMENT of this allegation?"

[Libertarian]

Allen v. Wright was a civil case. Do you have a citation to a criminal case that says that?

I thought it was all civil ;)

Henry Franklin

[weishaupt1776]

Originally Posted by Libertarian

Allen v. Wright was a civil case. Do you have a citation to a criminal case that says that?

To have standing in Criminal cases (such as torts for example) damages are still required - - homeboyardee.

Even duty breaches are necessary in crim.

I am studying right now w/ afriend involved in a UPL right now and we will be using this once the case is "ripened" with the stench of the American B.A.R thugboyz

HB, you are a sick boy.

[chapka]

Originally Posted by HenryBowman

The supreme court has held these are the two elements: “The injury alleged must be, for example, "`distinct and palpable,'"…and not "abstract" or "conjectural" or "hypothetical,"…The injury must be "fairly" traceable to the challenged action, and relief from the injury must be "likely" to follow from a favorable decision.” Allen v. Wright, 468 U.S. 737 (1984) (citations omitted) (emphasis added).

Actually, the quoted passage from Allen v. Wright is discussing constitutional standing, not the elements of any particular crime. Libertarian is correct; what the elements of a crime are depend on the crime and the jurisdiction.

A few other notes:

Jurisdiction is not an element of a crime. A court must have jurisdiction over a case in order to hear it, but that's a separate issue. You can contest jurisdiction, but "is jurisdiction an element of this allegation?" is not a particularly useful way to do it.

A tort is a civil matter by definition. There's no such thing as a criminal tort.

My advice: if you want to understand criminal law, pick up a basic handbook like "Criminal Law in a Nutshell," don't believe what you hear on the internet. And if any of this affects you, get a lawyer.

Originally Posted by chapka

And if any of this affects you, get a lawyer.

ROFLMAO!!!!!!!


Too funny...

[BOBT12]

Originally Posted by chapka

And if any of this affects you, get a lawyer

Originally Posted by HenryBowman

ROFLMAO!!!!!!!


Too funny...

chapka, should give us a keyboard warning.

Two million people in jail (I think the US holds the world record), none of them had attorneys? ROFLMAO!!!!!!!

What a joke!