1. Criminal Law Principals Flashcards
Actus Reus
The act required to commit a given crime
Requirement:
♣ Voluntary physical act
Omission as actus reus:
♣ Failure to act can constitute an actus reus if:
- D had a specific legal duty to act;
- D had knowledge of facts giving rise to the duty; and
- It was reasonably possible for D to perform the duty
Mens Rea
Mental element required at the time a crime was committed
Forms of mens rea:
♣ 1. Specific intent
• D must have a specific intent or objective to commit the given crime
o Specific intent must always be proven, never inferred
o Mistake of fact and voluntary intoxication are available defenses
♣ 2. General intent
• D must be aware of his actions and any attendant circumstances
o May be inferred from the acts itself
o Most crimes are general intent crimes
♣ 3. Malice
• D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected
o Applies to arson and common law murder
o Strict liability:
♣ No intent or awareness is required for strict liability crimes
• E.g. statutory rape
Model Penal Code Mens Rea Standard:
o Purposely
♣ Subjective standard
♣ Conscious objective is to engage in certain conduct or cause a certain result
o Knowingly
♣ Subjective standard
♣ Aware that conduct is of particular nature or knows that conduct will necessarily or very likely cause a particular result
o Reckless
♣ Subjective standard
♣ Knows of a substantial and unjustifiable risk and consciously disregards it
o Negligence
♣ Objective standard
♣ Fails to become aware of substantial and unjustifiable risk
Mens Rea and Major Crimes
o General Intent ♣ Battery ♣ Rape ♣ Kidnapping ♣ False imprisonment
o Specific Intent ♣ Attempt ♣ Larceny & Robbery ♣ Forgery ♣ False pretenses ♣ Embezzlement ♣ Conspiracy ♣ Assault ♣ Burglary ♣ Solicitation ♣ First-degree murder
o Malice
♣ Common law murder
♣ Arson
o Strict liability ♣ Statutory rape ♣ Regulatory crimes ♣ Administrative crimes ♣ Morality crimes (e.g. polygamy)
Concurrence
♣ D’s criminal act and requisite intent for the crime must occur simultaneously
Causation
♣ D’s conduct must be both the cause-in-fact and the proximate cause of the crime committed
♣ Cause-in-fact:
• But for D’s conduct, the result would not have occurred
o Homicide and manslaughter: any act by D that hastens victims death is a cause-in-fact, even if death is already inevitable
♣ Proximate cause:
• The actual result is the natural and probable consequence of D’s conduct
• Intervening acts – must be entirely unforeseeable to shield D from liability (e.g. victims refusal of medical treatment and 3rd party medical negligence are foreseeable and D is liable
Transferred Intent Doctrine
o D may be held liable if he intends the harm caused, but causes it to a different victim
♣ Often applies to homicide, battery and arson (does not apply to attempt)
o Effect:
♣ Under transferred intent, D is usually charged with two crimes:
• 1. Attempt (to commit the original crimes) and
• 2. The actual resulting crime
• Merger would not apply because there are different victims
Merger
o Two or more offenses merge, prohibiting D from being prosecuted separately for each crime
o Inchoate offenses
♣ Only applies to solicitation and attempt
♣ Does not apply to conspiracy
o Lesser included offenses
♣ D cannot be convicted of a target crime and a lesser included offense
• Lesser included offense: consists of same but not all elements as the greater crime
Accomplice Liability
o Requirements:
♣ 1. Aid, counsel or encourage principal before or during the crime
♣ 2. With the intent (a) to assist the principal; and (b) that the principal commit the crime
o Scope of liability:
♣ Accomplice is liable for the crimes he committed or counseled and any other probable or foreseeable crimes committed.
o Defenses and exceptions:
♣ Accomplice liability does not apply where:
• Parties not provided for in statute:
o E.g. a purchaser of drugs cannot be an accomplice to the seller.
• Member of protected class:
o Those protected by a criminal statute are not liable as accomplices (e.g. rape victim in statutory rape)
• Withdraw:
o Accomplice can avoid liability by withdrawing from a crime before the principle commits it; accomplice must:
♣ 1. Repudiate prior aid or encouragement;
♣ 2. Do all that is possible to counteract the prior aid; and
♣ 3. Do so before the chain of events is in motion and unstoppable
o Accessory after the fact:
♣ Different than accomplice liability
♣ Involves helping a known felon escape arrest, trial or conviction
♣ Gives rise to a separate, lesser charge of obstruction of justice
