Concurrence refers to the agreement or coincidence of two or more events or circumstances. In legal terms, it can refer to the simultaneous occurrence of two or more criminal acts, which can result in a more severe punishment. It can also refer to the agreement of two or more judges in a court decision.
Concurrence refers to the requirement that the mental state (mens rea) and the physical act (actus reus) of a crime must occur simultaneously for a person to be held criminally liable.
Concurrence is important because it ensures that a person cannot be convicted of a crime solely based on their thoughts or intentions. Both the mental state and the physical act must be present for criminal liability to be established.
No, a person cannot be convicted of a crime if they only had the intention to commit it but did not actually carry out the act. The principle of concurrence requires both the mental state and the physical act to be present for criminal liability.
If the mental state and the physical act of a crime occur at different times, it may create a defence for the accused. For example, if a person had the intention to commit a crime but later changed their mind and did not carry out the act, they may argue that there was no concurrence and therefore no criminal liability.
No, a person cannot be held criminally liable if they committed a crime without the required mental state. The mental state is an essential element of most crimes, and without it, the act alone is not sufficient to establish criminal liability.
Yes, there are some exceptions to the principle of concurrence. In certain strict liability offenses, the mental state may not be required for criminal liability. These offenses typically involve public welfare or regulatory matters.
No, a person cannot be convicted of a crime if they had the mental state but did not actually commit the act. The principle of concurrence requires both the mental state and the physical act to be present for criminal liability.
Concurrence affects the burden of proof in criminal cases by requiring the prosecution to establish beyond a reasonable doubt that both the mental state and the physical act occurred simultaneously. If the prosecution fails to prove concurrence, the accused cannot be held criminally liable.
Yes, concurrence can be used as a defence in criminal cases. If the defence can show that there was no concurrence between the mental state and the physical act, it may undermine the prosecution’s case and result in a not guilty verdict.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th April 2024.
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