(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
