Question

Write a paper answering each of the five (5) questions below.

        1.   Discuss fully the elements that must exist for a person to be convicted of a crime.

        2.   Describe fully three (3) crimes that are within the category of property crime.

        3.   Identify and explain fully the crime(s) that each of the following people would be charged with:

A. Alan and Mark have competing businesses. Alan breaks into Mark’s house in the middle of

the afternoon and take pictures of Mark’s trade secrets that are in Mark’s desk.

B. Sally buys a new suit in a department store. The suit costs $200.00 Sally pays for the suit

using a check on her checking account, knowing there was only $10.00 in the account.

C. Martin is the treasurer of the local youth athletic league. He writes a check on the checking account for the youth athletic league for $550.00 payable to a phony company called Great Sports Equipment for the purchase of sports equipment. Great Sports Equipment does not exist and the youth athletic league received no sports equipment. Martin cashed the check himself and kept the money.

4. Explain the exclusionary rule. What is it? When it is it applied? What is its purpose.

5. Choose one crime that is considered a cyber crime and explain fully what it is.

Answer 1

1. Elements that must exist for a person to be convicted in crime are as follows-

A.Accused Person-generally a crime cannot happen without any accused so there must be an accused in order to establish a crime.

B.Mens Rea-an act cannot be guilty if it does not accompany A guilty mind. Accused must have some intention to to commit the crime.

C.Acteus Reus-an act or omission which lead to completion of an offence because an accused person and guilty mind cannot together commit a crime. He need to to put in some act in order to execute the crime.

D.Injury- the act of accused person through his guilty mind must have caused injury to other person in order to establish a crime.