criminal law ch 2

motive

A person's reason for committing a crime.

Actual Possession

Possession in which one has direct physical control over the object or objects in question.

Mere Possession

Possession in which one may or may not be aware of what he or she possesses. (Still 'actual possession').

Knowing Possession

Possession with awareness of what one possesses.

MPC 'Purposeful'

The MPC equivalent of specific intent- a desire to cause the outcome that resulted.

conduct

in the criminal law, behavior and its accompanying mental state

Criminal Negligence

(1) Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences. (2) Negligence of such a nature and to such a degree that it is punishable as a crime. (3) Flagrant and reckless disregard for the safety of others, or willful indifference to the safety and welfare of others. No awareness is required to be negligent.

elements of Crime

(1) the basic components of crime (2) in a specific crime,the essential features of that crime, as specified by law or statute

inference

A conclusion drawn from other facts. Juries often infer intent from a defendant's behavior.

Deadly weapon doctrine

A rule that empowers a jury to infer a defendant's specific intent to take the life of the victim when the defendant used an item in such a manner that it is known to be capable of causing death or serious injury.

Canon of Construction (When Statutes are Silent on Mens Rea)

A rule that guides courts in interpreting constitutions, statutes, and other law.

Specific Intent

A thoughtful, conscious intention to perform a specific act in order to achieve a particular result.

Knowing behavior

Action undertaken with awareness (awareness that the outcome is practically certain)

Explain actus reus and what constitutes a criminal act

Actus Reus: An act in violation of the law; a guilty act. Thinking is NOT doing- it must be an action in furtherance of the thought. Being is also not doing. To carry criminal liability, the act must be voluntary. Possession is also considered to be a form of action, but it must be knowing possession rather than mere possession in order to be criminal. They both, however, constitute actual possession. An omission to act may also be criminal when the person in question is required by law to do something- when the law requires a duty to act. Speech and nonverbal expressions are also acts- threats, for example, may be considered criminal. To be something is not a crime, but to do something may be. Following tradition, the criminal act is referred to as the actus reus of an offense. For purposes of the criminal law, the word act means a performance, a deed, or movement, as distinguished from remaining at rest.

Reckless Behavior

An activity that increases the risk of harm.

Transferred Intent

An additional doctrine elaborating general/specific intent. A legal construction by which an unintended act that results from intentional action undertaken in the commission of a crime may also be illegal. For example, a defendant's specific intent to cause harm to one person is transferred to the victim on whom the harm actually falls. To apply, the harm that befalls the unintended victim must be similar to the intended harm.

Omission to Act

An intentional or unintentional failure to act, which may impose criminal liability if a duty to act under the circumstances is specified by law.

Describe concurrence and how it relates to mens rea and actus reus

Concurrence is the simultaneous coexistence of (1) an act in violation of the law and (2) a culpable mental state. I.e., actus reus and mens rea. The act and the mental state must occur together for a crime to take place. Further, they must be connected and they must occur in the proper sequence. Mens rea cannot only be formed before the act, but there must be a causal relationship between mens rea and the actus reus.

Scienter

Knowledge; guilty knowledge; to prove scienter, the prosecution must establish that a defendant knew a particular fact when the act occurred.

Explain mens rea and different types of intent

Mens Rea: The specific mental state of the defendant at the time of the crime; a guilty mind. The "guilty mind" refers to the specific mental state that an individual must possess to be legally culpable. Types of intent: at the common law, two forms of mens rea were recognized: general intent and specific intent. If the defendant intended to act but did not intend for the consequence of the action, then general intent exists. If the defendant intended to cause the outcome or consequence of the act, then specific intent exists. (From these came the doctrine of transferred intent...)

Describe strict liability and explain why some crimes are punished solely on the basis of strict liability

Strict liability refers to liability without fault or intention. Strict liability crimes are violations of the law for which one may incur criminal liability without fault or intention. Strict liability offenses do not require mens rea. This is based on the presumption that causing harm is in itself blameworthy, regardless of the intent. Thus, the crime is the act itself, even if the offender did not intend to violate the law or cause harm. I.E., routine traffic offenses and statutory rape (consent, but with a minor/age difference that is illegal).

Constructive Possession

The ability to exercise control over property or objects, even though they are not in one's physical custody.

Criminal Liability

The degree of blameworthiness assigned to a defendant by a criminal court and the concomitant extent to which the defendant is subject to penalties prescribed by the criminal law.

General Intent

The form of intent that can be assumed from the defendant's behavior. General intent refers to an actor's physical conduct. Thus, when a defendant has the intention to act, but does not intend for the actual consequences of that action to occur, the defendant has general intent.

Legislative History (When Statutes are Silent on Mens Rea)

The record of debates, committee reports and meetings, legislators' statements, and other evidence of what the legislature intended when it enacted a particular statute.

Describe the legal essence of criminal conduct

The two basic elements of all crimes are are the criminal mind (mens rea) and the criminal act (actus reus). These are concepts. To convict a defendant, the prosecutors must prove that all the statutory elements are present. Otherwise, criminal liability has not been demonstrated. There are three essential aspects of all crimes- (1) the criminal act (2) a culpable mental state and (3) a concurrence of the two. Criminality exists where the two concur and no defense exists. The essence of criminal conduct consists of a concurrence a criminal act with a culpable mental state.

The Model Penal Code's Mens Rea Scheme

Today, the four most commonly specified levels culpability, as developed by the MPC are purposeful, knowing, reckless, and negligent.

actus reus

an act in violation of the law; a guilty act

jury instructions

directions given by a judge to a jury concerning the law of a case

Two basic elements of all crimes

mens rea- criminal mind actus rea- the criminal act