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A Crime Is A Status Offense

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The act or actus reus, is the conduct of an offence, or the act of the offense. An act in a crime is a violation of law. A person is not guilty unless their guilt is based on conduct that includes voluntary acts or the omission or perform an act that they are physically capable of (Brody & Acker, 2010). Most crimes require you to complete an affirmative action before you can be punished for the conduct. You could possess drugs and you would be affirmatively possessing the drugs. A person can be charged with some crimes for not acting. Such as knowing your spouse is abusing your child and you do not act (Brody & Acker, 2010). It is considered a crime to commit any act or omission of a law prohibiting the act, or omitted if the law orders it is. There can be no prosecution of a person’s conduct that was not a criminal act the time the act was committed (Temchenko, 2016).
A status offense is a crime that is based on the fact that the offender has a certain personal condition or specific character. It is not based on a prohibited …show more content…

Any law that makes it a criminal act because of a person’s status inflicts a cruel and unusual punishment and is in violation of the Eight and Fourteenth Amendments (Temchenko, 2016). An example would be to punish a person for being homeless; their status is homeless. You can however, punish a homeless person for trespassing or loitering which is an action (Temchenko, 2016).

Reference
Brody, D., & Acker, J. (2010). Criminal Law (2nd ed.). Burlington, MA: Jones & Bartlett.
Retrieved from: https://www.betheluniversityonline.net/mscj/default. aspx?SectionID=2522&tabid=149#2 Status Offense. (n.d.). West’s Encyclopedia of American Law, edition 2. (2008).
Retrieved on September 2, 2017 from: http://legal-dictionary.thefreedictionary. com/Status+Offense Temchenko, E. (2016). Criminal Law. Retrieved on September 2, 2017 from:

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