(Criminal Law and Procedure) Chap. 3 - The Elements of Criminal Liability

General part of the criminal law

broad principles that apply to more than one crime

Actual possession

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

Direct intent

intent in which the consequences of a person's actions are desired

Oblique intent

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

Legal causation

Also known as 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

Mens rea

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

Direct cause

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

Independent intervening cause

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

Dependent intervening cause

a cause that is either intended or reasonably foreseen by the defendant

Apparent safety doctrine

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

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

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

Recklessness

a type of mens rea or criminal intent in which the person the defendant consciously creates a risk and chooses to act in disregard of that risk

Resulting harm

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

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 not require mens rea or criminal intent

Actus reus

latin term meaning "evil act" or criminal act. One of the core requirements of a crime

Bad samaritan laws

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

Concurrence

the actus reus and mens rea existing simultaneously

Mistake of law

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

Transferred intent

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

Omission

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

Motive

the inducement or reason a defendant chooses to commit a 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

General intent

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

Temporal concurrence

the mens rea must accompany the actus reus in time

Causation

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

Factual causation

the requirement that the defendant's conduct was the cause in fact of the harm

Intervening cause

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

Motivational concurrence

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

Special part of the criminal law

The part of the law that defines specific crimes

Result crimes

crimes that require actual harm

Constructive possession

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