Chapter 2: Criminal Liability Flashcards
Three essential elements / aspects of all crimes
Actus Reus
The criminal act
Guilty act
Many courts use this term to describe the defendant’s conduct or the results of that conduct.
Three essential elements / aspects of all crimes
Mens Rea
A culpable mental state
Guilty mind
The specific mental state of the defendant at the time of the crime.
Three essential elements / aspects of all crimes
A concurrence of the two
Actus reus and mens rea
Motive vs Intent
Intent is different from motive.
Motive is…
Motive is what drives / compels someone to intend to do something.
Motive is not…
Motive is not an element of a crime and does not need to be proved in the court in order to find someone guilty.
Four Mental States
- General intent
- Specific intent
- Constructive intent
- Transferred intent
General Intent
The intent to commit the act required for the crime
Specific Intent
Committing the actus reus with the intent to cause a particular or specific result.
Scienter
A legal term that refers to the level of knowledge required to hold a person criminally liable for his or her physical acts.
Knowing Possession
A person who is aware of what they possess.
Mere Possession
A person who may or may not be aware of what they possess.
Actual Possession
When a person has direct physical control over an object.
Constructive Posession
When a person is able to exercise control over objects or property when, at the time, they are not in that person’s physical custody.
Constructive Intent
Refers to the types of situations in which a person does no intend to cause any harm but should have known that their actions created a high risk of causing harm.
Criminal Negligence
A gross deviation from the standard of care required of an individual.
Transferred intent
Describes situations where one person intends to harm a particular person but, instead, harms another or third party.
3 Types of Liability without Fault
Strict Liability (products liability)
Demonstrating proof the act occurred is adequate
3 Types of Liability without Fault
Vicarious Liability
Employers being held responsible for the actions of their employees
3 Types of Liability without Fault
Enterprise Liability
Holding corporations criminally liable for criminal acts
4 States of Mind
Purposely
A desire to cause the outcome that resulted
4 States of Mind
Knowingly
When an action is taken with the awareness that the outcome is practically certain
4 States of Mind
Recklessly
Engaging in activity that increase the risk of harm
4 States of Mind
Negligently
Engaging in activity in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences
Concurrence
In order for an action to be considered criminal, the act itself (actus reus) and the required mental state (mens rea) must occur at the same time.
Causation
That cause which is legally considered directly responsible for the harm.
According to the above video about Kenneth Parks, unlike the United States, Canadian prosecutors can appeal a murder trial verdict of not guilty
True
Which of the following is an example of a moral duty but not a legal duty to act
An off duty medical doctor who witnesses a car accident with injuries
What type of possession below represents the items in your home while you are away from home?
Constructive Possession
Which of the following is an example of transferred intent?
A gang member attempts a drive-by shooting of a rival but hits a young child playing on the sidewalk instead
According to the above video, to sue for products liability the plaintiff must demonstrate which of the following?
All of the above
According to the above video, which of the following makes it easy to prove the element of actus reus?
All of the above
