Criminal Law Chapter 3

mistake of fact

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

recklessness

a type of mens rea or criminal intent in which the defendant consciously creates a risk and chooses to act in disregard of that risk; knows a harmful act is likely and does it anyway

negligence

a type of mens rea or criminal intent in which the defendant unconsciously creates a risk of harm and does not act like a reasonable person under the circumstances; taking careless risks

resulting harm

an essential element of a result crime . For example, the resulting harm in homicide is the killing of the human being. Without killing, its not homicide

direct intent

intent which the consequences of a person' actions are desired

actus reus

latin term meaning "evil act" or criminal act. One of the core requirements of a crime- needs to be voluntary

omission

the failure to act. In certain circumstances, can satisfy the actus reus element of a crime

motive

the inducement or reason a defendant chooses to commit a crime; never a required element of any crime

malice

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

specific intent

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

causation

the requirement that the defendant is responsible for the harm in result crimes; can occur from omission

model penal code levels of mens rae

1. purpose- most blameworthy state of mind 2. knowledge- aware it is criminal and will cause harmful results 3. recklessness- consciously disregards a substantial and unjustifiable risk; aware that it is risky and does it anyway 4. negligence- complete accident; unaware of the risk

seven situations of omission of actus reus

1.relationship ex. mother daughter 2statute ex. failure to report a crime 3.contract ex. contracted to care for someone and doesn't 4. voluntary assumption of care ex. allowing someone to do drugs in your home and them dying later on 5. creation of peril ex. rape a woman, she escapes and jumps into a lake and drowns, guilty for murder 6.duty to control conduct of another ex. hire a driver who is know for recklessly driving and ends up hitting someone and killing them, you are liable 7. landowner duty ex. nightclub owner doesn't ensure he has an adequate amount of emergency exits and someone dies because of it he is liable

conduct crimes

crimes that are complete when the criminal act and criminal intent concur. There is no requirement for resulting harm

strict liability

crimes that do no require mens rea or criminal intent; what you were thinking at the time does not matter; all that matters is acts reus. ex. statutory rape, selling alc to minors, traffic offenses

result crimes

crimes that require actual harm

mens rea

latin term meaning "guilty mind". The mental state or criminal intent of the defendant

Bad Samaritan laws

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

statutory mens rae

level of intent required by a specific statute

proximate causation

often 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

concurrence

the actus rea and mens rea existing simultaneously

mistake of law

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

direct cause

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

general intent

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

factual causation

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

tradition mens rae

concerned with culpability or an offenders level of blameworthiness for a crime; offender is considered morally bankrupt

intervening cause

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