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