Actus Reus and Mens Rea Flashcards

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1
Q

Structure of a criminal offense - Bipartite

A

In common law systems :

  1. Actus Reus :
    - Was there an act/omission ?
    - Was it unlawful ?
  2. Mens Rea :
    - Was it intentional ?
    - Is the offender to blame ?

Fails to account for all the range of defenses - Do not distinguish between defense and justification

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2
Q

Structure of a criminal offense - Tripartite

A

In civil law systems :

  1. Fulfillment of offense definition :
    - Mens rea - Descriptive meaning
    - Actus Reus (positive act or omission)
  2. Wrongful, unlawful (justification)
  3. Blameworthiness (excuse)
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3
Q

R v Dudley and Stephens (UK)

A

Cannibalism and murder on sheep wreck.

Necessity is not a valid defence under English law.

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4
Q

Mens Rea

A

Subjective element of a crime.

Combines both civil and common law approaches (direct intent, indirect intent, dolus eventualis, recklessness, conscious negligence and unconscious negligence)

Descriptive sense - Refers to different forms of intention, categories of fault

Normative meaning - Presupposes voluntary and responsible conduct, deals with culpability and blameworthiness

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5
Q

Mens Rea - Negligence

A

Intentional wrongdoing is punished more severely than negligent wrongdoing

Omnipresent and widely accepted

Common law - More retentive - Negligence is not a form of Mens Rea

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6
Q

Actus Reus

A

Objective element of a crime

Establishes a link between the person and the occurred criminal harm

Can consist of 3 element - Conduct, circumstances and consequences

English law - Actus Reus circumstances linked to Mens Rea elements

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7
Q

Actus Reus - Different categories of crime

A

Conduct crimes :

  • Do not require a specific result
  • Offence definition requires conduct and fault
  • No causal connection required

Result crimes :

  • Requires a specific result
  • Requires conduct, fault and causation
Inchoate crimes (attempt and preparation) :
- Subjective disposition of the offender constitutes the ground for responsibility

Strict liability offences :

  • Only conduct and causation
  • Generally rejected in Germany
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8
Q

Commission by omission

A

Proper omission offences - Statute that obliges to act

Withdrawal of treatment:
- UK - Not guilty of nurse of doctor (no duty of care if not in the best interest of the patient)

Omission + Mens Rea + Duty of Care

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9
Q

Actus Reus - Causation

A

Conditio sine qua non - If the result would have occurred without the conduct of the offender

Theory of proximate cause - Closest cause is the relevant one

Theory of adequate causation - Was the end result foreseeable? If it has a tendency, according to human experience and in the ordinary course of events to have such a consequence

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10
Q

Causation - Natural event

A

Does not break the chain if foreseeable and expected

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11
Q

Causation - Non-voluntary conduct by 3rd party

A

Does not break the chain - R. v. Michael and R. v. Paggett

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12
Q

Causation - Voluntary conduct of doctors

A

Does not break the chain unless gross negligence

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13
Q

Causation - Contributory causes

A

Take the victim as it is! Does not break the chain

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14
Q

Causation - Victim’s conduct

A

Conduct must be reasonable, foreseen and foreseeable

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