Saturday, May 22, 2010

Criminal Justice question?

Which of the following offenses is an exception to the ideal legal element of actus reus?


a. prostitution


b. tresspassing


c. fraud


d. conspiracy


e. none of the above

Criminal Justice question?
d.





The actus reus, or guilty act (as opposed to the mes rea, or guilty mind), is an overt act by a criminal. However, in a conspiracy, the elements are an agreement to commit a crime, and an overt step in its commission by one or more of the conspirators. Thus, co-conspirators who do not take an active step can still be punished, even though they themselves did not display an actus reus.
Reply:D. A conspiracy does not actually require that the crime actually be committed. It only requires an agreement to commit some criminal act (and in some jurisdictions, a step beyond mere preparation toward committing the act).
Reply:D


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