Criminal Law Chapter 3

Purpose

"It is his conscious object to engage in conduct". The most blameworthy state of mind.

Mistake of Fact

A misunderstanding or misinterpretation by the defendant about a relevant fact. Ex. A defendant charged with statutory rape claims they did not know the age of the victim.

Mens Rea

"Guilty Mind". The mental state or criminal intent of the defendant.

Elements of Crime

Actus Reus, Mens Rea, and Concurrence

Proximate Causation

Also known as the Legal Cause. The primary act that sets a chain of events in motion. Focuses on whether is is fair to hold the defendant accountable for the resulting harm. Looks for intervening cause.

Duty to Control Conduct of Another

Assume Larry, a business owner, knows that his delivery driver, Rick, is a reckless driver. Rick slams his delivery truck into a small car and kills the driver. Larry may be held liable for not firing him.

Result Crimes

Crime that require actual harm. Ex. Homicide

Conduct Crime

Crimes that are complete when the criminal act and criminal intent concur. There is no requirement for resulting harm. Ex. Reckless driving

Strict Liability

Crimes that do not require Mens Rea or Criminal intent. The only thing that needs to be there is the actus reus. Ex. Selling alcohol to a minor, statutory rape, Driving while intoxicated.

Recklessness

Defendant is consciously aware of a risk and disregards it.

Creation of Peril

If George pushes Gary, who cannot swim, into a lake. Gary struggles and cries out for help, and George fails to assist. George can be held guilty of a crime.

Contract

If a contract sets up a special relationship between two parties and their contract is breached, criminal liability is possible. Ex. Someone who is a nurse in a nursing home that fails to take care of an elderly patient.

Voluntary Assumption of Care

If a person voluntarily assumes care of another person without a contract, that person may be held liable for failure to act. Ex. A woman took in an intoxicated man and allowed him to use her bathroom, knowing his intent was to inject Heroin. He later died.

Bad Samaritan Laws

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

Statute

Many states have laws that require certain officials to report actions such as child abuse. Failure to report can lead to criminal liability by omission.

Direct Causation

Occurs when the defendant and only the defendant is the causal agent that brings about harm.

Model Penal Code Levels of Mens Rea

Purpose, knowledge, recklessness, negligence

Actus Reus

The "Evil Act". The criminal act of a crime. It must be voluntary. Can be satisfied by act or omission

Concurrence

The Actus Reus and Mens Rea existing simultaneously.

Ignorance of Law

The defendant claims to misunderstand or misinterpret the law as it applies to specific circumstances. Ex. A defendant who does not know there is a law applying to his or her activity or a defendant who knows there is a relevant law, but isn't sure whether it applies in the exact circumstances in question.

Omission

The failure to act. In certain circumstances it can satisfy the Actus Reus element of crime.

Causation

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

Relationship

When there is a status relationship between two parties, an omission can lead to criminal liability. Ex. A mother who knows her husband is abusing her child and fails to get the child safely away.

Intervening Cause

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

Specific Intent

The intent to commit an act to achieve a specific criminal result. Ex. Burglary.

General Intent

The intent to commit the Actus Reus or criminal act of the crime only. Ex. Breaking and entering.

Negligence

The least culpable state. Unconscious creation of a risk; behavior deviates from a normal law-abiding citizen.

Landowner Duty

The owner of a night club is required to perform certain functions, such as ensure an adequate number of emergency exits. Failure to do so could lead to criminal liability if there is a fire and more than one person dies or is injured.

Factual Causation

The requirement that the defendant's conduct was the cause in fact of the harm. Also called the "but for" cause. ("But for" the defendant's actions would the resulting harm have occurred?)

Knowledge

practically certain conduct will cause a specific result

Apparent Safety Doctrine

A legal principle that holds that a 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 comes into play.