6. Elements of Crime Flashcards
What are the essential elements of a crime?
1) Actus reus
- Guilty physical act by Defendant
2) Mens rea
- Guilty state of mind/intent of Defendant at time of his act
3) Concurrence
- Physical act + Mental state existed at same time
4) Causation + Harmful result
- By Defendant’s act (factually + proximately)
What is an example of physical act?
Bodily movement
Speech
- Perjury/Solicitation
- NOT thought
What is required for physical act?
Voluntary act
- Conscious exercise of the will
- Knowledge of potentially falling asleep/becoming unconscious + engaging in dangerous behaviour
Failure to act
1) Legal duty to act
- Statute/Contract
- Relationship (Spouse/Child)
- Voluntary assumption of care (leaving victim in worse position than before)
- Creation of peril
2) D knew/should have known facts would give rise to duty
3) Reasonably possible to perform duty
- Defendant to perform duty
- Defendant to obtain help of others to perform duty
What type of crimes require specific intent under common law?
Solicitation
Conspiracy
Attempt
First degree premeditated murder
Assault
Larceny Robbery False pretenses Embezzlement Burglary Forgery
How may specific intent be determined?
By manner in which act was done => Provide circumstantial evidence of intent
What type of crimes require general intent under common law?
Battery
Rape
Kidnapping
False imprisonment
How may general intent be determined?
By awareness of factors constituting crime
- NO certainty required
What type of crimes require malice under common law?
Murder
Arson
How may malice be determined?
Reckless disregard of obvious/high risk that particular harmful result will occur
What is difference between specific intent and malice/strict liability crime?
Specific intent
- Specific intent defence can negate intent
Malice/Strict liability crime
- Specific intent defence can NOT negate intent
How may strict liability crimes be determined?
NO intent/awareness
- Statutes may not state mens rea (but courts may interpret statute as requiring mens rea anyway)
What are the types of strict liability crimes under common law?
Statutory rape
Selling liquor to minors
Bigamy
What is the difference between common law and Model Penal Code regarding mental state?
Common law
- Specific vs general intent
MPC
- NO specific vs general intent
What is required for defendant to purposely commit crime under MPC?
Conscious object to engage in certain conduct/cause certain result (subjective)
What is required for defendant to knowingly commit crime under MPC?
Aware that his conduct is of that nature/that certain circumstances exist (subjective)
- Deemed aware of high likelihood of results and deliberately avoids learning the truth (wilful conduct)
What is required for defendant to recklessly commit crime under MPC?
Consciously disregards substantial and unjustifiable risk
- Gross deviation from reasonable standard of care
- Wanton conduct
What is required for defendant to negligently commit crime under MPC?
Fails to be aware of substantial and unjustifiable risk
- Substantial deviation from reasonable standard of care
What is transferred intent? When does it apply?
If D intended harmful result to particular person BUT caused harmful result to another person => D’s intent transferred from intended person to harmed person
1) D guilty of crime vs harmed person
2) D guilty of attempt vs intended person
If D could use defence vs intended person => D can use same defence vs harmed person
Which crimes does transferred intent apply to?
Homicide
Battery
Arson
Which crimes does transferred intent not apply to?
Attempt
What is required for causation?
1) Concurrence
- D had intent to commit act at time of acting
2) Actual causation
- But for
3) Proximate
- No superseding causes sufficient to break chain of causation
What is not physical conduct?
Reflexes
Bodily movements during unconsciousness/sleep
Actions during hypnosis
Conduct that is not product of Defendant’s determination/effort
UNLESS D aware of conditions + fail to take reasonable steps to avoid actions
