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Elements of Crime

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Elements of Crime

Criminal Act/Actus Reus type of a criminal element is one that constitutes a deliberate and unlawful bodily movement. Case in point, a defendant is expected to have voluntarily conducted a criminal act when fully cognizant of their actions and in full control of them (Saylor Academy, 2020). Additionally, under this element, a defendant is held culpable of their unconsciously committed crimes if prior actions, done in their full awareness, leads to an involuntary criminal act (Saylor Academy, 2020). Stu Dents, in this case, is seen to be fully aware and responsible for his actions at every single stage. This is to mean that, none of the crimes committed by him occurred under the influence of an external object, substance, or person. Moreover, the chronology of events, in this case, present a well-planned execution, which is only possible for an individual in a proper state of mind. Another part of Actus Reus is procession as a criminal act, which directly connects him to crimes related to drugs (Saylor Academy, 2020). This is evident from the collected exhibits from defendant’s home, which encompassed ecstasy, cocaine, and methamphetamine. Also, under Mens Rea, is thoughts as a criminal act, which Stu Dents is seen to have carefully included in his plan for murder (Saylor Academy, 2020). Stu Dents had drafted a clear strategy for the execution, including photos of the victim, which seem to have aided in his illegal pursuit.

Charges Pressed on Stu Dents

Homicide

Under the Legal Information Institute, 18 U.S. § 1111. Murder – Murder is denoted as the illegal killing of a man as a consequence of malice afterthought, which is further regarded as murder in the first degree (Cornell Law School, n.d.). The defendant stands a punishment of life imprisonment for committing first-degree murder. Notably, this law effective across almost all states of the U.S., including Colorado, for instance.

Assault of a Police Officer

Assault of a police officer falls under the 18 U.S.C. § 111. Simple assault is a class A offence, which is easily elevated to class D felony in case any physical assaults are involved (Cornell Law School, 2020).

Kidnapping

Under the Legal Information Institute, 18 U.S. Code § 1201. Kidnapping – anyone who kidnaps an individual without consent with ill-intents, or with criminal intents is subject to sentence for such offences based on either state level or federal laws (Cornell Law School, 2020).

Burglary

Under the Legal Information Institute, 18 U.S. Code CHAPTER 103—ROBBERY AND BURGLARY states that anyone, within the territorial or maritime jurisdiction of the U.S., who illegally claims possession of another person’s property of value stands trial and prosecution followed by punishment in regards to this law (Cornell Law School, 2020).

Crimes Related to Drugs

Federal laws on drugs in the U.S. prohibit the use, distribution, and or procession drugs. State laws, on the other hand, vary depending on various aspects. Massachusetts, for instance, is one of the states that have stricter laws on drugs and crimes related to it (Boston University, n.d.).

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