3.1 Conduct Crimes vs. Result Crimes
Factual Cause
"But for" the defendants actions, would the resulting harm have occurred?
Apparent Safety Doctrine
A defendant is not the legal cause of a resulting harm if the victim reaches a place of apparent safety.
Proximate Cause
Also know as legal cause; the primary act that sets a chain of events in motion. Is it fair to hold def. responsible?
Result Crimes
Crimes that require actual harm
Conduct Crimes
Crimes with no requirement for a resulting Harm.
MPC Recklessness
Defendant Consciously creates risk.
Commission
Direct Action by the defendant
Strict Liability Offenses
Don't require Mens Rea.
Actus Reus
Evil Act, the criminal behavior. Must be voluntary
Mens Rea
Evil Mind, the criminal intent.
Omission
Failure to act when a duty exists.
MPC knowledge
Practically certain conduct will cause a specific result
Types of Duty
Relationship, statute, contract, assumption of care, creation of peril, duty to control conduct, landowner duty
Causation
Result crimes, require causation. The defendant is responsible for the harm.
Concurrence
The actus reus and mens rea have to occur at the same time.
Direct Causation
The defendant and only the defendant brings about the harm.
General Intent
The intent to commit the actus reus of the crime only.
MPC Negligence
Unconscious creation of risk
MPC Purpose
Want to cause harm.
Motive
Why you did something.
Specific intent
wanted to achieve a specific criminal result