actus reus & mens rea Flashcards
What is the definition of ACTUS REUS?
The voluntary, prohibited act that the prosecution must prove that a defendant committed.
Actus Reus is a fundamental concept in criminal law.
What are the requirements for liability according to MPC § 2.01?
A person is not guilty of an offense unless his liability is based on conduct that includes:
* a voluntary act
* the omission to perform an act of which he is physically capable.
This establishes the basic requirements for criminal liability.
Which acts are not considered voluntary according to MPC § 2.01?
The following are not voluntary acts:
* a reflex or convulsion
* a bodily movement during unconsciousness or sleep
* conduct during hypnosis or resulting from hypnotic suggestion
* a bodily movement that is not a product of the effort or determination of the actor.
These exceptions help delineate voluntary actions from involuntary actions.
What must be proven for liability based on omission?
Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:
* the omission is expressly made sufficient by the law defining the offense
* a duty to perform the omitted act is otherwise imposed by law.
This outlines the legal framework for omissions in criminal liability.
What constitutes possession as an act under MPC § 2.01?
Possession is an act if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
This recognizes possession as an active form of conduct.
What is a voluntary act?
Conduct which is performed consciously.
This distinguishes voluntary actions from involuntary actions.
What is the difference between an act and an offense?
Act: Driving 65 mph in a 35 mph zone.
Offense: Speeding (legally conclusory).
This illustrates how actions can lead to legal violations.
True or False: Status crimes that punish who a person is rather than what they have done are unconstitutional on Eighth Amendment grounds.
True.
This highlights constitutional protections against certain types of criminal liability.
What are the defenses related to unconsciousness?
Unconsciousness may not be a defense if foreseeable, such as in cases of:
* Epileptic seizure
* Somnambulism.
These examples illustrate limitations on the defense of unconsciousness.
What is an omission to act?
The failure to act when one has a duty to do so.
This concept is critical in evaluating liability for inaction.
Is there a general duty to act?
No, there is no general duty to act; but certain instances create a duty to act.
This indicates the nuanced nature of legal duties.
What constitutes a common law duty to act?
Common law duties to act can arise from:
* A statute creating a duty
* A status relationship
* A contractual duty
* Voluntarily assuming care of another
* Creating peril.
These points clarify when a legal duty to act may exist.
What does TPC § 22.04 define as an offense concerning elderly or disabled persons?
A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence causes:
* Serious bodily injury
* Serious mental deficiency, impairment, or injury
* Bodily injury.
This statute outlines specific protections for vulnerable populations.
What is the definition of MENS REA?
The state of mind that the prosecution must prove that a defendant had when committing a crime.
Mens Rea is a crucial element in establishing criminal liability.
What is required for a conviction in terms of actus reus and mens rea?
Conviction requires concurrence of a criminal act (actus reus) and criminal intent (mens rea).
This emphasizes the dual nature of criminal offenses.
What are the kinds of culpability defined under MPC § 2.02?
The kinds of culpability defined are:
* Purposely
* Knowingly
* Recklessly
* Negligently.
These categories help in assessing the defendant’s mental state.
Define ‘purposely’ in terms of mens rea.
Defendant acts volitionally with the desire of causing the outcome.
This reflects a subjective intent regarding the act.
What does ‘knowingly’ imply in mens rea?
Defendant foresees a result as highly likely, but it doesn’t matter to him whether it occurs.
This indicates awareness of the potential consequences of actions.
What does ‘recklessly’ mean in terms of culpability?
Defendant consciously disregards a substantial and unjustifiable risk.
This highlights a subjective awareness of risk.
What is ‘negligently’ defined as in mens rea?
Defendant should be aware of substantial and unjustifiable risk; conduct is a gross deviation from standard care.
This establishes an objective standard of care.
True or False: When the required culpability is negligently, purposely, knowingly, and recklessly satisfy the requirement as well.
True.
This shows the hierarchical relationship between different levels of mens rea.
What is the common law interpretation of ‘intent’?
Common law ‘intent’ includes purposely and knowingly.
This illustrates how intent is understood in legal contexts.
What are the elements and attendant circumstances in the MPC?
Elements include:
* Conduct
* Attendant Circumstances
* Result.
This framework is essential for analyzing criminal statutes.
What is the highest degree of culpable mental states according to TPC § 6.02?
The highest degree is Intentional.
This classification helps in understanding the severity of different mental states.
What is strict liability in criminal law?
No mens rea requirement; only the actus reus is necessary for conviction.
This indicates a legal standard where intent is not considered.
What are examples of strict liability offenses?
Examples include:
* Public welfare offenses (e.g., handling food)
* Morality offenses (e.g., statutory rape).
These illustrate categories where strict liability typically applies.
What does MPC § 2.05 state about absolute liability?
The requirements of culpability do not apply to:
* Violations (just fines)
* Offenses defined by statutes imposing absolute liability.
This clarifies situations where strict liability is enforced.
What is the common law intoxication analysis?
Intoxication can negate mens rea for specific intent crimes but not for general intent crimes.
This distinction is vital in evaluating defenses based on intoxication.
What is the rule for voluntary intoxication under MPC § 2.08?
Voluntary intoxication is a defense if it negates an element of the offense.
This indicates the conditions under which intoxication can be a valid defense.
What is the definition of ‘mistake of fact’?
If a defendant’s honest mistake of fact precludes the existence of the mental state necessary to commit the crime, it is a good defense.
This concept is crucial for establishing defenses based on misunderstanding.
What is the definition of ‘mistake of law’?
Defendant’s mistaken belief in the lawfulness of otherwise criminal conduct is not a good defense unless:
* D was officially told that the conduct was not criminal; or
* Knowledge of the illegality of an offense is an element of the crime.
This highlights the limitations of legal defenses based on misunderstandings of the law.
What are the two components of criminal causation?
Criminal causation requires:
* Actual causation (‘but-for’)
* Legal causation (foreseeability).
This lays the groundwork for understanding causation in criminal law.
What is the ‘but-for’ test?
Was the D’s conduct a ‘but-for’ cause of the result?
This is a fundamental question in establishing causation.
What is the common law approach to causation and negligent medical care?
Negligent medical care is not a superseding cause unless it is so outrageously improper or inappropriate as to be regarded as abnormal.
This emphasizes the standards for medical care in causation analysis.
What is the Year & a Day Rule?
Defendant couldn’t be charged with homicide unless the victim died within a year and a day.
This rule reflects historical standards in criminal law.
What does MPC § 2.03 state about causation?
Conduct is the cause of a result when it is an antecedent but-for which the result in question would not have occurred.
This establishes a clear link between conduct and result in criminal liability.
What is concurrent causation?
Two independent acts at (or near) the same time that would each independently cause the result.
This concept helps in cases involving multiple actors in a crime.
