Chap. 3 Flashcards
Actus Reus
“guilty act”
The act of crime
If there isn’t an act, there can still be omission
Mens rea
“guilty mind”
intent
Specific intent
when someone intends for the desired result
Must prove mental faults of persons
• Example: First-degree murder
General intent
When someone did not specifically intend for results to occur but should’ve known better
No requirements for intended results
• Example: Battery or DUI
Concurrence
the requirement that triggers the criminal act
Concurrence requires a connection between the mental fault and the forbidden act, in the sense that the mental fault “drives” or “actuates” the forbidden act.
Ex: a person has the intent to kill and goes through with it.
Voluntary act requirements
Contraction of muscles must be willed for acts to be considered criminal.
Example: planning to slap someone and doing it willingly VS. slapping someone while having a seizure
Nonvoluntary acts include:
Reflexes or convulsions Sleep movements Movement while unconscious Actions under hypnosis MPC-bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual
Criminal omissions
failure to act when a duty or obligation is imposed can be a criminal omission
Criminal omissions cannot arise out of failure to perform moral duties
Legal duty(s) to act
Statute
Contract
Special relationship
Duty to act: Statute
Example: duty to report child abuse
Example: duty to file income tax returns
Example: duty to register as a sex offender
Duty to act: Contract
Example: emergency room doctor
Example: lifeguard
Example: law enforcement, fire fighters
Duty to act: Special relationship
Example: parent-child
Example: employer-employee
NOTE: sometimes a special relationship is created by assuming the care of another
Good Samaritan doctrine
Creates statutory duty for a stranger to render aid
ONLY FEW STATES
American bystander approach
No legal duty to rescue or summon help for someone in danger even if there is no risk in doing so.
MOST STATES
Actual possession:
Having illegal items within possession/on your person.
Constructive possession:
The person has the right to control the item but its not on their person.
Knowing possession:
A person is aware of what they have on them or what it is that they have control over.
Mere possession
Person is not aware of what they have on them or what they have control over.
Levels of men’s rea
purposely, knowingly, recklessly, negligently
Purposely:
A person acts purposefully when it is his conscious objective or desire to engage in the conduct or cause the result.
• Ex: shooting someone specific/hoping to shoot someone specific
Knowingly:
A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
• Ex: Firing a pistol into a full crowd
Recklessly:
A person acts recklessly when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
• Ex: Firing shots into open-air, a person is injured by a falling bullet
Negligently:
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
• Ex: Dropping a gun and accidentally pulling the trigger while trying to catch it
Strict liability offenses
Actions that are considered criminal, regardless of the intentions.
• Ex: speeding and selling alcohol to a minor
The defenses of ignorance and mistake
Provides defense to criminal charges when the mistaken view of facts is inconsistent with the required criminal purpose.
