If one is accused of committing a crime, it is important that he/she understands and accept the reality. Being accused of a crime is no sweet situation. But a basic knowledge the elements necessary to charge you with an offence might assist you in dealing with your already aggrieved situation.
I will be exploring in my post what elements make up the building blocks of a criminal Liability. In other words what elements must be proven in order that i may be considered to have committed a crime. In my studies over the years I have come across a very simple equation to help me understand this sometimes complex issue. This equation is as follows.Prohibited conduct+Mental Element= Criminal Liability.
Lets go deeper. If one is accused of doing something "wrong" or criminal we first need to ascertain what is the "rule" that he is accused of breaking, and where is this rule found. What gives this rule its authority etc. This can be applied in many institutions. In religious institutions, the rules that believers are accused of breaking are often found in the "holy books". These holy books are often considered words of the "deity"of the subjects and as a result gives the rules powerful authority.
In states and countries doing something criminal is somewhat different. Breaking a religious vow is not considered criminal in the traditional sense, unless the state is under what is called a theocracy (governed by a deity/God)-like ancient Israel. In order for an act or "omission" to be considered prohibited, is must be found in Laws drawn by the legislative branches of governments or its subsidiaries. In monarchical societies however, the word of the monarch is often times considered law. Going contrary to the word of the monarch might result in you being accused of committing a prohibited act. In St Lucia you can find Laws in a codified constitution or in a body of laws called " The Laws of St Lucia and other secondary sources.
When accused of a crime one needs to ascertain " What is the rule that I have broken or I am accused of breaking".
The second element that must be present is called the mental element. In Law there is a term used to describe this element. "Mens Rea" is a Latin Phrase meaning "Guilty Mind". So not only must one commit the prohibited act or omission, but they must have done it with the intention to carry out the prohibition. If per-adventure a store manager stops you at the door on your way out of his store and decides to search your pocket. In it he finds a very pricey merchandise and decides to accuse you of theft. Immediately you need to ascertain the rule that you are breaking. In the UK s.1(1) Theft Act 1968 states : "a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it". That is the rule he would be accused of breaking. The "act element" (Actus Reus/Prohibited act) in the rule is "Dishonestly appropriating property belonging to another".
This shop keeper would need to prove beyond a reasonable doubt that you took the merchandise dishonestly. Secondly He would need to prove that you took it with the intention to permanently deprive the him of it".
So if you did place it in your pocket but took it with the intention to show it to a friend standing at the door and your intention was to return the item to the shelf, he cannot convict you if your intention is proven to be true. However by the time he accuses you, he would have locked his doors so you don't leave. Called the police! When the Police arrives you are found with the merchandise in your pocket. The police decides to arrest you and tell you we are taking you to jail. The process spirals very quickly out of control and complicated from there. So your best bet is to stay out of trouble. If you ever do, don't panic.
Call a Lawyer.
This article is only for the purpose of sharing and should not be used as advice in criminal proceedings.
No comments:
Post a Comment