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