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What are the elements of a crime? What are some examples of crimes that do not require scienter?

What constitutes criminal conduct according to the Racketeer Influenced and Corrupt Organizations Act (1970)? What are the consequences of engaging in these activities? Provide examples

The elements of a crime are a series of components which must be present in order for it to be demonstrated that someone is guilty of a crime. The prosecution must provide supporting evidence to demonstrate that all of the elements of a crime are present in a given case and the defense can challenge the validity of a case on one or more elements. Different legal systems have different standards and some truly bizarre cases have arisen to test the legal definition of the elements of a crime. Four key components must be present: intent, conduct, concurrence, and causation. Without one of these elements, a case can start to fall apart. Scienter is latin for “knowingly,” according to Nolo, a legal information website. When used in a criminal context, scienter refers to defendant knowingly committing a crime or knowingly attempting to commit a crime. Most crimes require some degree of scienter, whether it is actual, specific intent or reckless behavior. Example of Scienter: Murder requires some degree of scienter. Mosty states have degrees of murder, with murder in the first degree being the most serious. First-degree murder requires premeditation; that means the defendant must have thought about specifically killing a particular victim. Premediation is a degree of scienter. Crimes Without Scienter: There are very few crimes that do not require scienter. One common example is felony murder. State Felony murder laws typically require only intent—or center—to commit an underlying felony, not the intent that it result in a murder. If a person commits armed robbery, for example, and during the course of the robbery someone is murdered, the robber may be guilty of murder under the felony murder law, even though the robber had no center with regard to the murder. Obtaining or extorting money illegally or carrying on illegal business activities, usually by Organized Crime. A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engage in the illegal activity. The latter definition derives from the federal Racketeer Influenced and Corruption Organizations Act (RICO), a set of laws (18 U.S.C.A § 1961 et seq. [1970]) specifically designed to punish racketeering by business enterprises. Racketeering is commonly known for coexisting with businesses. In the United States, the term racketeer was synonymous with members of organized crime operations.

” A pattern is defined as “at least two acts of racketeering activity.C. association. "HMOs Can't be Sued Under RICO Without Claims of Actual Injuries. partnership. Shannon P. and any union or group of individuals associated in fact although not a legal entity. 2000. An enterprise is defined as “any individual. or other legal entity.The goal of RICO is to punish the use of enterprise to engage in certain criminal activities.A § 1963). . A person who uses an enterprise to engage ina pattern of racketeering may be convicted under the RICO criminal statute (18">Racketeering</a> .S." The Legal Intelligencer (August 14) <a href="http://legal-dictionary.” Duffy. after commission of a prior act of racketeering activity. on of which occurred after the effective date of *RICO’s passage+ and the last of which occurred within 10 years. corporation.thefreedictionary. association.