Necessary attendant circumstances are those aspects surrounding a case. Although they are not general elements, they are just as significant as the principal factors. They are indispensable in providing the necessary conviction related to a case. In criminal justice, attendant circumstances exclude actus reus,mens rea, and any other crucial results in crime definition. In a case that involves rape, for example, the age of the offender could be considered as an attendant circumstance.
In charging a suspect, attendant circumstances are essential in the determination of the level of culpability. In an interaction between two roommates, say, Tom and Jerry, if Jerry bits up Tom because of one reason or another, then Jerry is guilty of the crime because it is against Tom’s will. ‘Against one will’ can be identified as the attendant circumstance. On the other hand, for some reason, Tom begs Jerry to punch him, and the punch causes injury, Jerry would not be guilty of the offense.
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Another importance of attendant circumstances is increasing the seriousness of a crime, hence ensuring justice for the individual who suffers or incurs damages. For a person to be convicted, the prosecutor has to prove that the elements of crime fully apply to a given case. Besides this, being an element of crime it is used to establish jurisdiction, for example, in crimes related to burglary. If Ann breaks into an old building whose occupants have vacated it, the attendant circumstance that the building should be occupied lacks. On the other hand, if she breaks into her ex-husband’s house while he is out for work, her actions amount to a burglary offense. Besides, it is also important to note that it is an element that comes in handy in defeating a defense that is put forward to escape liability. It can hence be viewed as an element that provides extra proof of a crime.
