chapter 3 notes

Question 1

• ## Front: What is actus reus?

Answer 1

Back: It refers to the “guilty act” in a crime, the physical action that constitutes the offense.

Question 2

Flashcard 2:
- Front: What does mens rea mean?

Answer 2

• Back: It means “guilty mind” and refers to the intention or knowledge of wrongdoing that constitutes part of a crime.

Answer 3

Back: It means that the actus reus and mens rea must occur together for a crime to be established.

Question 4

• ## Front: What does “omission to act” refer to?

Answer 4

Back: It refers to a failure to act when there is a legal duty to do so, which can sometimes result in liability.

Question 5

Flashcard 5:
- Front: What is “proximate cause”?

Answer 5

• Back: It refers to the primary cause that directly leads to the result of a crime, establishing a link between the act and the outcome.

Answer 6

Back: Refers to performing an action that constitutes a criminal offense without necessarily having a specific intent.

Question 7

Flashcard 4:
- Front: Specific Intent
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Answer 7

Back: Involves not merely doing the act, but doing it with a specific intent to achieve a particular result.

Question 8

Flashcard 5:
- Front: Example of Specific Intent

Answer 8

• Back: Theft requires the intent to permanently deprive the owner of their property.

Question 9

Front: Transferred Intent

Answer 9

• Back: Attributing liability to a person for unintended consequences of their actions. Example: Intending to shoot one person but shooting another instead.

Question 10

Flashcard 2:
- Front: Proving Intent: Direct Evidence
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Answer 10

Back: Intent proven through direct evidence like eyewitness testimony.

Question 11

Flashcard 3:
- Front: Proving Intent: Circumstantial Evidence

Answer 11

• Back: Intent proven through indirect evidence, which suggests intent without directly observing it.

Question 12

Flashcard 4:
- Front: Intent in Negligence Cases

Answer 12

• Back: Criminal negligence can substitute for criminal intent in certain cases.

Question 13

Front: Malice

Answer 13

• Back: A wrongful act done intentionally without justification. Includes express malice (deliberate intent to kill) and implied malice (disregard for the safety of others).

Question 14

Flashcard 1:
- Front: Difference Between Motive and Intent

Answer 14

• Back: Motive is the desire or thoughts that incite a person to act; intent is the purpose or resolve to do an act. Motive is not necessary for a crime.

Question 15

Flashcard 2:
- Front: Example Scenario
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Answer 15

Back: A person shoots another because the victim owed them money. Motive is present, but intent is what matters for the crime.

Question 16

Flashcard 3:
- Front: Intoxication as a Defense
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Answer 16

Back: Voluntary intoxication cannot be used to negate intent. Saying “I was drunk, I wasn’t myself” is insufficient.

Question 17

Flashcard 4:
- Front: Factors Not Negated by Intoxication
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Answer 17

Back: Purpose, intent, knowledge, premeditation, deliberation, and malice aforethought cannot be negated by intoxication.

Question 18

can voluntary intoxication be used as a defense

Answer 18

Voluntary intoxication is not a valid defense against charges requiring intent; intent is determined independently of intoxication.