AJS Chapter 3

Ignorance of the law

-no excuse -people should know the law

Motive

-the why, never has to be proven -jurors like to know this but it is never a requirement for conviction - inducement or reason a defendant chooses to commit a crime

Ignorance can serve as a defense in these 3 situations

1. A person may be able to rely on an interpretation of the law that turns out later to be erroneous. This could include his own reliance, reliance on an attorney's advice, or reliance on some other official's interpretation. 2. Whether there was fair notice that the actions in question were criminal 3. In very limited circumstances, mind you-excuse criminal liability if either manages to negate mens rea.

conduct & result

2 types of crime

Independent intervening cause

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

Defendant 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 resulting harm if the victim reaches a place of "apparent safety" at which point on 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 requirement of a crime

Negligence

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

Intervening cause

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

unlawful entry

Crime is complete once the ___________ occurs

Criminal Liability

Depending on what type of crime that the defendant is charged with, all or only a few of the basic elements of _______________ may need to be in place

Statutory rape, selling alcohol to minors, traffic offenses

Examples of strict liability

the crime happens at the same time

In concurrence, Actus Reus + Mens Rea=

Bad Samaritan law

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

1. Relationship 2. Statute 3. Contract 4. Assumption of care 5. Creation of Peril 6. Duty to Control conduct 7. Land owner duty

Where can omission satisfy the actus reus requirement?

Purpose

a person acts purposely when "it is his conscious object to engage in conduct" or cause a particular result

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

Legal Causation

also known as proximate cause -often the primary act sets a chain of events in motion -focuses whether it is fair to hold the defendant accountable for the resulting harm

Resulting harm

an essential element of a result crime

General part of the criminal law

broad principles that apply to more than one crime

Actus Reus

can be an action or an inaction whenever you have an obligation to do something

Conduct crimes

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

Strict Liability

crimes that do not require mens rea or criminal intent -no intent required only have to prove it occurred

Mistake of the law

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

Conduct crime

engaging in this crime is sufficient

-physical -movement -med willed

for actus reus to be acted upon you need:

Direct intent

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

Mens Rea

is the why or intent -latin term for "guilty mind" -the mental state or criminal intent of the defendant

Intent

perhaps the most straight forwarding conception of men rea -a person who intents to commit a crime should be the one who is liable for it

Constructive possession

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

Actual possession

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

Model code 4 mental states:

purpose, knowledge, recklessness, & negligence

Statutory Rape

rape of an underage person

Result crime

requires that harm occurs

concurrence

the actus rea and mens rea existing simultaneously

Direct cause

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

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, an omission can satisfy the actus reus element of 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

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 law that defines specific crimes

Causation

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

Factual causation

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

Felony

there is no requirement that a ___________ is actually committed

Knowledge

to knowingly commit a crime is not the same as intentionally committing one