Criminal Law Exam 2
Definition of Accomplice
A person who knowingly and voluntarily cooperates or aids another in the commission of a crime. 3 Requirements: -An act contributing to commission of the crime. -Mens rea to aid in crime's execution. -Someone actually commits or attempts to commit the crime.
All crimes must have 2 essential elements. What are they?
A. The physical ACT or FAILURE to act - Actus reus (guilty act). B. The MENTAL STATE as prescribed by statute - Mens rea (guilty mind)
Definition of the mental state Negligently:
an individual acts negligently when she/he should be aware of a substantial and unjustifiable risk that the result will occur. The risk must be of such a nature and degree that the actor's failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation
Definition of the mental state Recklessly:
an individual acts recklessly when he/she consciously disregards a substantial and unjustifiable risk that the result will occur. The risk much be of such a nature and degree that its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation
ACT and MENTAL STATE as required by statute must occur ___________
at the same time (concurrently). *The results DO NOT have to occur at the same time as the act and the mental state*
Definition of beyond a reasonable doubt
Beyond a reasonable doubt is the burden of proof in every criminal case and highest in all law. The state has to prove each and every element of each and every crime and that this is the person that committed the crime beyond a reasonable doubt. Highest burden of proof because we are taking away a person's liberty.
Definition of Inference
A conclusion the trier of fact MAY make but does not have to, even if there is no evidence to the contrary.
Definition of Presumption
A conclusion the trier of fact MUST make UNTIL it is rebutted by other evidence
Definition of reasonable doubt
A doubt that would cause a reasonably careful and sensible person to hesitate before acting upon a matter of importance in his/her own affairs
Need-to-know notes on the mental states:
-INTENTIONALLY and KNOWINGLY are the mental states required in most criminal statutes - While INTENTIONALLY and KNOWINGLY are very close, there is a major step down between KNOWINGLY and RECKLESSLY -KNOWINGLY is rarely used in statutes, and not used in PA at all. -When you make the step down from KNOWINGLY to RECKLESSLY, you begin to use "reasonable person" aspect. -State always argues for highest mental state possible, while defense always argues for RECKLESS or NEGLIGENT
need-to-know about motive
-Motive is NOT an element of a crime. -Motive alone is NOT sufficient to convict
Types of Inchoate Offenses
-Solicitation -Conspiracy -Attempt
How do you determine mental state?
-Statements made by defendant before, during, or after the crime has occurred. -Show the acts of the defendant and the circumstances that existed at the time.
Proximate Cause or Causation Rule
-The state must show that the unlawful criminal act was the ordinary and probable, natural, and logical cause of the ADDITIONAL harm or wrong that resulted, and that there were no INTERVENING or SUPERSEDING causes.
need-to-know about accomplice liability
-Wording: "Because of accomplice liability, the defendant is charged with...." -An accomplice is liable for the crime to the same degree as the perpetrator (Liability for Unplanned Crimes) -Whatever is done in furtherance of the plan is the act of all if it is the natural and probable consequence of the planned crime.
need-to-know about proximate cause or causation
-it is an additional element which may also have to be proved by the State. Whether it has to be proved is determined by the facts of the case. -Because Proximate Cause is an element, it must be proven by the state BEYOND A REASONABLE DOUBT
Definition of Inchoate Offenses
1. "Incomplete" or "partially done" 2. Crimes are preliminary or anticipatory to other crimes -Substantive crime (Target crime) = what the criminal intended
Renunciation
1. A defense to ALL inchoate offenses. 2. Specifically, -A complete and voluntary giving up of his/her criminal intent. AND -Defendant must prevent the commission of the crime.
What are the 4 mental states? (In order of highest to lowest)
1. Intentionally 2. Knowingly 3. Recklessly 4. Negligently
Rules that may be applied when determining mental state
1. People know what they are doing and know the natural and probable consequences of their acts. 2. Trier of fact may INFER that the defendant intended the natural and probable consequences of their deliberate acts. 3. If sufficient circumstantial evidence is presented the jury may infer guilt from that evidence - criminal conviction can be based on circumstantial evidence.
The government must prove _____ ______ ______ _____ of _____ _____ _____ _____ BEYOND A REASONABLE DOUBT
1. each and every element 2. each and every crime
Conspiratorial Liability
Conspirators are liable for all planned crimes as well as unplanned crimes if the unplanned crimes are the natural and probable consequence of the planned crime
Grading Inchoate Offenses and Exception
Rule: Same degree offense as substantive crime (Ex. Solicitation to commit rape = same grade as rape) Exception: Murder -Solicitation, Conspiracy, or Attempt to commit murder -Nothing happen to victim = 20 years max -Something happens but not serious bod. inj. = 20 -Serious bodily injury = 40 years max -Victim dies = 40 years max (also charged w murder)
Arguments related to Proximate Cause
State: But/For the actions of the defendant in committing the crime, the additional harm would never have occurred. Defense: Will argue that there was an INTERVENING CAUSE that caused the additional harm to the victim. (Intervening cause is usually something that happens to the victim as a result of negligence on the part of some third party or victim).
Whats the exception to all crimes having the 2 essential elements and why?
Strict Liability Crimes, it does away with the mental state element, the mens rea. Examples of this include Statutory rape, selling alcohol to a minor. If you've done the act, you've done the crime. The mental state doesn't matter.
need-to-know about transferred intent
The mental state is still established, even if the main target affected is different than the one intended. Thus, -Prosecutor's job to instruct jury of transferred intent (themselves & request judge to instruct as well) -Defense will argue accidental, no intention to harm the affected target.
Elements of Conspiracy
a. that the defendant agreed with one or more persons that one or more of them would engage in conduct which constitutes a crime - or agreed to aid another in the planning, attempt, or commission of a crime; AND b. the the defendant did so with the INTENT of promoting or facilitating the commission of a crime; AND c. that the defendant or another whom with they agreed committed an OVERT ACT in furtherance of the conspiracy
Elements of Solicitation
a. that the defendant commanded, encouraged, or requested another person to engage in specific conduct; AND b. that the defendant did so with the intent of promoting or facilitating the commission of a crime; AND c. that the conduct commanded, encouraged, or requested would constitute a crime -Crime doesn't even have to actually happen -Words constitute an act (crime) - Payment or reward is not necessary but helps to prove intent
Elements of Attempt
a. that the defendant did a certain act; AND b. that the defendant did so with the intent to commit that crime; AND c. that the act constituted a SUBSTANTIAL STEP toward the commission of the crime.
Definition of the mental state Intentionally:
an individual acts intentionally when it is his/her conscious object or purpose to produce the result
Definition of the mental state Knowingly:
an individual acts knowingly when he/she is aware that it is practically certain that his/her conduct will cause such a result
