(1) Criminal Law: General Knowledge Flashcards
What are the 2 Basic types of crimes?
(1) felonies – a crime punishable by death or prison for more than one year;
(2) misdemeanor – a crime punishable by prison for one year or less or by a fine or by both.
Merger
If a persons conduct constitutes a felony and misdemeanor it will be merged into a felony. The lesser crime will merger into the greater crime.
Ex. Solicitation and attempt will merge into their completed crimes.
When does a criminal offense occur?
A criminal offense occurs when the mens rea (guilty mind) and the actus reus (the unlawful act) occurs at the same time and there is causation. The exception is strict liability crimes which do not require a mens rea.
Actus Reus
A criminal act must be a voluntary, affirmative, physical act that causes a criminal proscribed result.
Do acts during unconsciousness, sleep or hypnosis fall within Actus Reus?
NO, as acts during unconsciousness, sleep, or hypnosis are not voluntary.
Do reflective acts fall within actus reus?
NO, as reflective acts are not voluntary.
If a person knows of an issue they have like falling asleep during the day and then they do that behind the wheel of a car, are they then responsible for the resulting injuries?
YES, if an epileptic that knows they have seizures and operates a vehicle and has a seizure then crashes a car, they are liable for any resulting injuries.
Omission Rule
Actus Reus
The act can be an omission or failure to act in 5 instances: (a) imposed by statute; (b)contract; (c) special relationship; (d) detrimental undertaking; AND (e) causation (failing to aid after causing peril). In addition to these 5 instances the D must have knowledge of the facts giving rise to the duty to act and it must be reasonable possible for the D to perform the duty.
Mens Rea
There is a mens rea rule for
1. Specific Intent crimes
2. General Intent crimes
3. Malice Crimes
4. Transferred Intent Rule
5. Model Penal Code Rule
Specific Intent Crimes Rule
Mens Rea
D must possess a subjective desire, objective, or knowledge to accomplish a prohibited result. Specific Intent crimes include: [F.I.A.T.] (a) 1st Degree Murder; (b) Inchoate offenses; (c) Assault with the intent to commit a battery; AND (d) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).
AKA: must have the specific intent to commit the crime.
What are Specific Intent Crimes?
Mens Rea
Specific Intent crimes include: [F.I.A.T.]
(a) 1st Degree Murder;
(b) Inchoate offenses;
(c) Assault with the intent to commit a battery; AND
(d) Theft offenses: larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery.
General Intent Crimes Rule
Mens Rea
Only require an intent to perform an act that is unlawful.
Ex. Battery, rape, kidnapping, and false imprisonment.
What are General Intent Crimes?
Mens Rea
Battery, rape, kidnapping, and false imprisonment.
Malice Crimes Rule
Mens Rea
Common law murder and arson require malice which is a reckless disregard of a high risk of harm.
Transferred Intent Rule
Mens Rea
D’s acts with an intent to cause harm to one person and that act results in harm to another person or object, the D is still liable for the harm caused. Transferred intent usually applies to homicide, battery and arson claims and does not apply to attempted crimes.
Model Penal Code Rule
Mens Rea / Overview
MPC levels of culpability: (a) purposely, (b) knowingly or willfully, (c) recklessly, and (d) negligently. If the requisite mens rea is not stated then the D acted recklessly.
What does it mean when a D acts “Purposefully”?
Mens Rea - Model Penal Code
When a D acts purposely their conscious objective is to engage in the conduct or to cause a certain result.
What does it mean when a D acts “Knowingly or Willfully”?
Mens Rea - Model Penal Code
Knowingly or willfully requires that the D be aware or know that the result is practically certain to occur based on their conduct.
What does it mean when a D acts “Recklessly”?
Mens Rea - Model Penal Code
Recklessly requires D to act with a conscious disregard of a substantial and unjustiable risk that a material element exists or will result from their conduct. (The risk must be a gross deviation from the standard of a law-abiding person).
What does it mean when a D acts “Negligently”
Mens Rea - Model Penal Code
D should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from their conduct. (The risk must be a gross deviation from the standard of a law-abiding person).
Causation
When mens rea is a requirement then the mens rea must cause the actus reus. If only actus reus is needed then the D’s act must cause the particular result made.
Actual Cause
3 Tests to satisfy actual causation:
1) “But for” - The result would not have occurred “but for” the D’s conduct
2) Substantial Factor - Multiple causes or parties were responsible, but the D’s act was a substantial factor in causing the criminal result
3) Acceleration - The D’s conduct speeds up an inevitable death, even if only briefly
Proximate Cause
The resultant harm must be within the risk created by the D’s conduct in crimes involving negligence or recklessness, or sufficiently similar to that intended in crimes requiring intent. An intervening event that was unforeseeable will break proximate cause.
Criminal Negligence
Mens Rea
Creates an unjustifiable risk without the subjective awareness that they are doing so, but a reasonable person would have been aware
Ex. The D did not realize the D created the risk, but should have, because a reasonable person in that situation would have.
