What is concurrence in crime?

Asked by: Mr. Wilbert Dibbert  |  Last update: February 19, 2022
Score: 4.8/5 (69 votes)

Concurrence requires both the occurrence of actus reus and mens rea. In criminal law, this means that the intent of the crime and voluntary criminal action must be present and proven. ... Temporal concurrence is when mens rea and actus reus coincide.

What is the theory of concurrence?

Concurrence in the law is the requirement that a guilty mental state and guilty act occur in unison. A guilty mental state cannot be retroactively applied to a guilty act in order to prove that a crime occurred.

Is concurrence an element of a crime?

3. Concurrence. This element of a crime refers to the coexistence of criminal intent and a criminal act. Without evidence that the mens rea preceded or occurred at the same time as the actus reus, the burden of proof falls short.

What is the legal definition of concurrence?

1 : the simultaneous occurrence of events or circumstances. 2 : an agreement in judgment specifically : a judge's or justice's separate opinion that differs in reasoning but agrees in the decision of the court.

What is an example of concurrence in law?

Concurrence. For an act to be a crime, the act must be brought on by the criminal intent. In most cases, concurrence is obvious and does not enter into the legal arguments. A classic example is an individual who breaks into a cabin in the woods to escape the deadly cold outside.

Concurrence and Causation Explained | Basic Elements of a Crime | Criminal Law

24 related questions found

Why is concurrence principle important?

The fault element of a crime must coincide. Fowler v Padget The intent and the act must both concur to constitute a crime. STRICT APPROACH A strict application of the concurrence principle would result in the accused's acquittal even though it is proven that he or she had intended to kill the victim.

What is the least blameworthy mental state?

Structure that is adopted by a substantial minority of states. It consists of four states of mind, ranked according to the degree of their blameworthiness: purposely, knowingly, recklessly, and negligently.
From most to least blameworthy, the MPC's four mental states are:
  • Purposely.
  • Knowingly.
  • Recklessly.
  • Negligently.

How do you use concurrence?

Someone's concurrence is their agreement to something. Any change ought requires the general concurrence of all concerned. If there is a concurrence of two or more things, they happen at the same time. The concurrence of their disappearances had to be more than coincidental.

What is another word for concurrence?

In this page you can discover 26 synonyms, antonyms, idiomatic expressions, and related words for concurrence, like: concordance, agreement, agree, simultaneity, synchroneity, accord, harmony, connivance, synchronistic, synchronism and tune.

What does concurrence mean in government?

“Concurring opinion,” or concurrence, is the separate judicial opinion of an appellate judge who voted with the majority. Concurrences explain the appellate judge's vote and may discuss parts of the decision in which the appellate judge had a different rationale.

What is specific intent?

Specific intent means that an individual committed an act with a specific purpose. The prosecution must prove that the defendant had a motive for their actions.

What are 4 elements of crime?

Under U.S. law, four main elements of a crime exist:
  • Mental State (Mens Rea) Mens rea is Latin for “guilty mind.” The legal theory of mens rea refers to criminal intent. ...
  • Conduct (Actus Reus) ...
  • Concurrence. ...
  • Causation. ...
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What are the 7 elements of crime?

Terms in this set (7)
  • Legality (must be a law) ...
  • Actus reus (Human conduct) ...
  • Causation (human conduct must cause harm) ...
  • Harm (to some other/thing) ...
  • Concurrence (State of Mind and Human Conduct) ...
  • Mens Rea (State of Mind; "guilty mind") ...
  • Punishment.

Is ex post facto legal?

Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). ... In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.

Can intent be transferred?

Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead.

What is proximate cause in criminal law?

Proximate cause has been defined as that which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred.

What is a statement of concurrence?

Statement of Concurrence means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). ... (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.)

What is it called when both parties agree?

An agreement is made when two parties agree to something. ... If people's opinions are in accord, or match one another, then they are in agreement.

How do you express concurrence?

the temporal property of two things happening at the same time.
  1. Was there any concurrence of opinion?
  2. Jules expressed his concurrence with the suggestion.
  3. The doctor may seek the concurrence of a relative before carrying out the procedure.
  4. The concurrence of their disappearances had to be more than coincidental.

What does concurrent testimony mean?


accordant or agreeing: concurrent testimony by three witnesses. tending to or intersecting at the same point: four concurrent lines.

What is the concurrence requirement?

Concurrence requires both the occurrence of actus reus and mens rea. In criminal law, this means that the intent of the crime and voluntary criminal action must be present and proven.

Can a crime be committed without mens rea?

Mens rea, or "guilty" intent, deals with what the defendant needs to have been thinking at the time he or she committed the actus reus for criminal liability to attach. ... As with the actus reus, there is no single mens rea that is required for all crimes.

What are the 3 types of intent?

Three types of criminal intent exist: (1) general intent, which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and presdisposition (such as burglary); and (3) constructive intent, the unintentional results of an act (such as a pedestrian death resulting from ...