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Attendant circumstance
In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event.
In criminal law in the United States, the definition of a given offense generally includes up to three kinds of "elements": the actus reus, or guilty conduct; the mens rea, or guilty mental state; and the attendant (sometimes "external") circumstances. The reason is given in Powell v. Texas, 392 U.S. 514, 533 (1968):
...criminal penalties may be inflicted only if the accused has committed some act, has engaged in some behavior, which society has an interest in preventing.
The burden of proof is on the prosecution to prove each "element of the offense" in order for a defendant to be found guilty. The Model Penal Code §1.13(9) offers the following definition of the phrase "elements of an offense":
(i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as
In United States v. Apfelbaum, 445 U.S. 115, 131 (1980), Justice Rehnquist states, in his opinion for the Court, the general rule that:
For these purposes, the term "actus reus" does not have a single definition, but it represents the general principle that before an individual may be convicted of an offense, it must be shown that there was an overt act in pursuance of any intention. Otherwise, a person might be held liable for his or her thoughts alone. Model Penal Code §2.01(1):
But there are exceptions. For example, according to United States v. Dozal, 173 F.3d 787, 797 (10th Cir. 1999) a conspiracy in violation of 21 U.S.C. §846 consists of four elements:
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Attendant circumstance
In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event.
In criminal law in the United States, the definition of a given offense generally includes up to three kinds of "elements": the actus reus, or guilty conduct; the mens rea, or guilty mental state; and the attendant (sometimes "external") circumstances. The reason is given in Powell v. Texas, 392 U.S. 514, 533 (1968):
...criminal penalties may be inflicted only if the accused has committed some act, has engaged in some behavior, which society has an interest in preventing.
The burden of proof is on the prosecution to prove each "element of the offense" in order for a defendant to be found guilty. The Model Penal Code §1.13(9) offers the following definition of the phrase "elements of an offense":
(i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as
In United States v. Apfelbaum, 445 U.S. 115, 131 (1980), Justice Rehnquist states, in his opinion for the Court, the general rule that:
For these purposes, the term "actus reus" does not have a single definition, but it represents the general principle that before an individual may be convicted of an offense, it must be shown that there was an overt act in pursuance of any intention. Otherwise, a person might be held liable for his or her thoughts alone. Model Penal Code §2.01(1):
But there are exceptions. For example, according to United States v. Dozal, 173 F.3d 787, 797 (10th Cir. 1999) a conspiracy in violation of 21 U.S.C. §846 consists of four elements: