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Zodiac Killer 1. Actus reus - The first general feature of crime is that there has to be an act in violation of the law. What act was committed in violation of the law? 2. Mens rea - A guilty mind is the second general feature that has to be established and is probably the most complex because it involves subjective evaluation of the mind. Should the Zodiac be held to blame for this crime? Did the Zodiac intend the consequences of his or her actions? 3. Concurrence - The third element is the concurrence of the act and the intent. Were the Zodiac's actions linked with the intent? 4. Harm - The harm in this case, the death of another human being, is easily identified. What is the harm caused by the Zodiac killer? 5. Causation - There has to be a link between the act and the harm. What is the link between the act and the harm? 6. Legality - There has to be a law on the books to punish someone for his or her behavior. What law is on the books that the Zodiac would be punished for? 7. Punishment - Not only must there be a law on the books, but that law must provide a punishment for the crime. Statutory punishments for murder are among the severest punishments available to judges. What is the punishment for murder in California? 8. Necessary attendant circumstances - This element refers to the facts surrounding the incident. Even if each of the statutory elements can be established, a defendant has the opportunity to raise defenses that could excuse his or her actions. What would the Zodiac argue regarding a defense?
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