Chapter 3- Elements of criminal liability

actus reus

"evil act" or criminal act

mens rea

"guilty mind" the mental state or criminal intent of the defendant

knowledge

"practically certain" conduct will cause a specific result

mistake of fact

a misunderstanding or misinterpretation by the defendant about a relevant fact, potentially used as a defense or to negate the mens rea requirement of a crime

how do you prove mens rea?

actions, statements, appearance, inaction, evidence, previous actions

concurrence

actus reus and mens rea exist simultaneaously

elements of result crimes

actus reus, mens rea, causation, harm, concurrence

elements of liability

causation, mens rea, actus reus

independent intervening cause

cause that could not be intended or reasonably foreseen by the defendant

direct intent

intent in which the consequences of a persons actions are desired

malice

intent to commit a wrongful act without a legitimate cause or excuse

transferred intent

the defendant's intent to harm one person is transferred to the actual victim of the crime

omission

the failure to act; no person has a duty to act in a manner that prevents inujry or loss of life to another

motive

the inducement or reason a defendant chooses to commit a crime

specific intent

the intent to commit an act to achieve a specific general result

negligence

unconscious creation of a risk

strict liability

crimes that do not require mens rea or criminal intent

result crimes

crimes that require actual harm

recklessness

defendant consciously creates a risk

oblique intent

intent in which the consequences of a person's actions are not desired, but should have reasonably foreseen

bad samaritan laws

laws that make it a crime for someone to fail to come to the aid of another who is in danger

temporal concurrence

mens rea must accompany the actus reus & time

motivational concurrence

mens rea must be linked to the actus reus it intended to accompany

constructive possession

power or position to effectively control an item, even if it is not an immediate physical possession

actual possession

property that is either held by the individual or attached to them in some fashion

levels of mens rea of intent under the model penal code

purpose, knowledge, recklessness, negligence

when does the failure to act satisfy actus reus?

relationship, statute, contract, assumption of care, creation of peril, duty to control conduct, landowner duty

causation

requirement that the defendant is responsible for the harm in result crimes

factual causation

requirement that the defendant's conduct was the cause in fact of the harm. "but for" test

strict liability crimes

statutory rape, selling alcohol to minors, traffic offenses

mistake of law

the defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances

Recklessness

the defendant consciously creates a risk & chooses to act in disregard of that risk

apparent safety doctrine

the defendant is not the legal cause of a resulting harm if the victim reaches a place of "apparent safety", at which point an intervening cause of harm into play

Negligence

the defendant unconsciously creates a risk of harm & does not act like a reasonable person under the circumstances

direct cause

the defendant's actions are direct causal agent that brings about harm

general intent

the intent to commit the actus reus or criminal act of the crime only

Special part of the criminal law

the part of the law that defines specific crimes

legal causation ( proximate cause)

the primary act that sets a chain of events in motion. Focuses on whether it is fair to hold the defendant accountable for the resulting harm

dependent intervening cause

cause that is either intended or reasonably foreseen by the defendant

purpose

conscious object to engage in conduct or cause harm

conduct crimes

crimes that are complete when the criminal act & criminal intent occur. - does not need a result

resulting harm

an essential element of a result crime . ex: resulting harm in a homicide is killing of a human being without the killing

intervening cause

another event besides the actions of the defendant that resulted in the harm after the defedant acted

General part of the criminal law

broad principles that apply to be more than 1 crime