Criminal Law: Chapter 4

mistake of fact

A defense to criminal liability that a mistake prevented the formation of any fault-based culpability--namely, purposely, knowingly, recklessly, or negligently. Ex. Shooting an individual that you thought was dangerous, but was actually an individual with a toy gun playing.

recklessly

A level of culpability. CONSCIOUS CREATION of a substantial and unjustifiable RISK of criminal harm without the intention, expectation, or care of causing harm.

knowingly

A level of culpability. The mental state of awareness in conduct crimes and, in result crimes, AWARENESS that it's "practically certain" that the CONDUCT will CAUSE the BAD RESULT.

purposely

A level of culpability. The most blameworthy mental state requiring the actor's "conscious object" to be to commit crimes or cause criminal results.

negligently

A level of culpability. UNCONSCIOUS creation of a substantial and unjustifiable RISK.

principle of concurrence

A principle that some mental fault (MENS REA) has to TRIGGERED the criminal act (ACTUS REUS) in conduct crimes and the cause in result crimes. All crimes except strict liability crimes are subjected to the __________ requirement.

legal cause

A subjective question that asks, "Is it fair to blame Defendants for the harm triggered by a chain of events her action(s) set in motion?"

subjective fault

A type of fault that requires a "bad mind" IN THE ACTOR. Ex. Buying a stolen iPhone when you knew it was stolen. That "bad state of mind" is more culpable than not knowing it was stolen.

objective fault

A type of fault that requires no purposeful or conscious bad mind in the actor but is based on a "reasonable person" standard. Ex. suppose it is against the law to receive stolen property that you have reason to believe is stolen and you purchase a brand new iPhone, in the box, for $10. You are at fault because you had reason to believe the iPhone was stolen.

strict liability

A type of fault. Liability without either subjective or objective fault. Ex. suppose it is against the law to receive stolen property and you buy a stolen iPhone. You are at fault no matter what.

specific intent

A type of intent that the general intent to commit the actus reus (criminal act) of a crime PLUS the intent (mens rea) to cause a criminally harmful result. Applies to bad result crimes.

general intent

A type of intent that the intent (mens rea) to commit the criminal act (actus reus) forbidden by statute.

factual cause

An empirical question of fact that ask whether an actor's conduct triggered a series of events that ended in some type of harm. Also call "but for" cause or "cause in fact"; if it weren't for an actor's conduct, the result wouldn't have occurred.

intervening cause

An event that comes between the initial act in a sequence and the end result. An event that came between an original event and changed the end result of the original event.

circumstantial evidence

An indirect proof of state of mind (mens rea). ex Acts and attendant _________ allows individuals to infer what someone is going to do.

Strict liability crimes are based on voluntary actions alone, no subjective or objective fault is required. Supporters argue that there's a strong public interest in protecting public health and safety. They also argue that the penalties are often mild. However, critics argue that it is too easy to expand strict liability reach, individuals cannot defend themselves in court, and it does no good to punish people that are not blameworthy.

Explain strict liability crimes and an argument for and against such crimes.

causation

Holding an actor criminally accountable for the results of her conduct.

mens rea

Latin for guilty mind, the mental element (also called CRIMINAL INTENT, evil mind, mental attitude, or state of mind") in crime

failure-of-proof defenses

MISTAKE DEFENSES in which defendants usually present enough evidence to RAISE REASONABLE DOUBT that the prosecution has proved the MENS REA (criminal intent) required for criminal liability.

motive

Something that causes a person to act

culpability or blameworthiness

The idea that it's fair and just to punish only people we can blame.

ignorance maxim (max-um)

The presumption that defendants knew the law they were breaking. __________ of the law is not an excuse to commit crimes.

purposely, knowingly, recklessly, and negligently

What are the four levels of culpability?

confessions

_________ are the only direct evidence of state of mind (mens rea).