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How does common law murder and modern statutory elements for murder compare? Define each element.

How does common law murder and modern statutory elements for murder compare? Define each element.

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How does common law murder and modern statutory elements for murder compare? (Define each element.)

Common law murder has been identified murder as a public wrong. According to common law, murder is considered to be malum in se, that is, an act which is evil within itself. An act such as murder is wrong or evil by its very nature. And it is the very nature of the act which does not require any specific detailing or definition in the law to consider murder a crime.

On the other hand, modern statutory elements for murder (& their DEFINITION) are following:

  • Mens rea (evil mind): evil intent; the more evil the mind, the more intent.
  • Actus reus (wrongful act): the act is purposeful.
  • Concurrence: intent and act must be simultaneous.
  • Causation: act and intent must work together to be the cause.
  • Harm: act and intent must be the cause of actual harm.

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