What is a crime?

When in court, there are only two types of charges that you will face. These are either criminal charges or civil charges, and this chapter deals with criminal charges. See, the courts make too much money locking up people for carrying vegetation and driving too fast, although those are technically not crimes according to their own rules. Here is what the legal definition of a crime is:

Corpus delicti (plural: corpora delicti) (Latin: "body of crime") is a term from Western jurisprudence referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime.

For example, a person cannot be tried for larceny unless it can be proven that property has been stolen. Likewise, in order for a person to be tried for arson it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary (6th ed.) defines "corpus delicti" as: "the fact of a crime having been actually committed."
In the Anglo-American legal system, the concept has its outgrowth in several principles. Many jurisdictions hold as a legal rule that a defendant's out-of-court confession, alone, is insufficient evidence to prove the defendant's guilt beyond reasonable doubt.[1] A corollary to this rule is that an accused cannot be convicted solely upon the testimony of an accomplice. Some jurisdictions also hold that without first showing independent corroboration that a crime happened, the prosecution may not introduce evidence of the defendant's statement.
General - All corpus delicti requires at a minimum:
  1. The occurrence of the specific injury; and
  2. some intentional, knowing act as the source of the injury.
For example:
  • Homicide - An individual has died; and as a result of action (or inaction) by another person.
  • Larceny - Property missing; and because it was stolen
In essence Corpus delicti of crimes refers to a palpable harm. Where there is no violation of an established right there can be no wrong.
Rights are of two kinds and they are of the person jura personarum and to control external objects, jura rerum.
Wrongs are also of two kinds and they are either public or private. Public wrongs are called crimes or public offenses whereas private wrongs are called torts and either involve the breach of a duty of care, a wrongful trespass against the person or property of another and breaches of agreement or contract.
In every instance there must be a palpable harm or injury to the rights of another coupled with mens rea (or guilty mind) or in the alternative an element of negligence so severe as to be called criminal.
See Blackstone's commentaries book 1 beginning about pg 52.

You can already begin to see that everything would run smoothly in society if judges and prosecutors would only limit themselves to enforcing the law as it was intended, but as the saying goes, you give an inch, they take a mile, and so you have it with the court system in America. They've gone from keeping the peace and protecting people's rights to micro-managing our entire lives, threatening us with jail-time and fines for merely possessing certain substances, driving too fast, or not wearing a seat-belt. I do not understand why no one is outraged by this and most simple hand over the money without a fuss.

This is all because TV commercials for Zimmermans, Zimmermans and Zimmermans sold us to the fact that we don't have a fighting chance without a lawyer. Well maybe this lawyer will change your mind. Read Here

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