Actus Reus and Mens Rea Flashcards
What is actus reus
A voluntary act, omission, or possession that produces the prohibited result
Actus=act reus=prohibited result
What are you responsible for when it comes to actus reus?
Only responsible for voluntary, conscious acts. Not responsible for sleepwalkng, hypnotic state, reflexes, convulsions, and unconscious acts
What is needed for an act to actually be an act?
volition (physical acts), knowledge (possession), or duty (for omission)
What is the rule for duty
You have no general duty to act, but must act when there is a legal duty
What are some situations where an obligation is created?
Status of relationship (parent-child)
Statutory duty (to pay taxes)
Contractual duty (babysitter)
Isolation/assumption of care (duty after starting to rescue
Duty by creation of the risk (auto accident)
What is the definition of mens rea
The requisite intent to prove a crime. The guilty mind, the culpable mental state.
It is a sine qua non (an essential condition, it is absolutely necessary)
Why is mens rea a fundamental principle of criminal law
It justifies punishment because it links the act with the criminal intent
What is culpability aspect of mens rea
The idea that any morally blameworthy state of mind that brings about any prohibited result is criminal
What is the elemental aspect of mens rea
This is the modern approach. Requires the culpable state of mind that makes the AR criminal. The statutorily defined mental link b/w the act and the prohibited result
What is the common law concept of “malice”
originally meant “wicked” Redifined to mean: intent (express malice, defined by purpose or knowledge) and recklessness (implied malice, wanton disregard– foreseeable harm may occur but you take the risk away)
What is the common law concept of “intent”
Purpose (conscious objective to bring about a certain result) or Knowledge (substantial certainty that the prohibited result will occur)
What is transferred intent
Intent transfers if you produce the intended prohibited result. If the initial MR for harm existed, liability still exists if harm caused was different than harm intended
What is general intent (only at CL)
MR that relates back to the event (every crime has a general intent. (ex. Battery MR is intent to touch)
What is specific intent (only at CL)
An additional MR beyond the first MR. Any offense that adds “with intent to” adds a specific intent
What are the 3 common law culpable mental states
intent, recklessness, negligence
What is intent (CL)
Conscious objective (purpose) to bring about the prohibited result or knowledge that prohibited result is substantially certain to occur
How is knowledge of inputed? (CL)
Defendant is actually aware of the fact
Correctly believes that a fact exists
Suspects that it exists and purposefully avoids learning if it exists (willful blindness)
What is recklessness (CL)
Awareness of a risk that may cause an outcome and ignore that risk
What is negligence (CL)
Defendant doesn’t realize the risk but a reasonable person would. A gross deviation from societal standard of care
What is strict liability
no MR to prove. All you have to prove is the act (statutory rape)
What are the MPC culpable mental states
Purpose
Knowledge
Recklessness
Negligence
What is purpose (MC)
Conscious objective of committing the act or producing a certain result
What is knowledge (MPC)
Knowledge that prohibited result is substantially certain
How is knowledge imputed
- Knowledge of attendant circumstances Knowledge is imputed if:
a. ∆ is actually aware of the fact
b. Correctly believes that a fact exists
c. Suspects that it exists and purposefully avoids learning if it exists (willful blindness—deliberately avoiding learning the truth—shows recklessness regarding truth so its considered knowledge)
What is recklessness (MPC
awareness of a risk that may cause an outcome and ignoring that risk
What is negligence (MPC)
Defendant doesnt realize the risk but a reasonable person would
What is CL willful blindness
It is Intent at CL means both purpose and knowledge of substantial certainty
What is MPC willful blindness
it is under the definition of knowledge. Knowingly is not just actual knowledge, but also with substantial certainty.
Element of knowledge may be satisfied by the inference from the proof that a defendant deliberately closed his eyes to what otherwise would have been obvious to him
