Chapter 3: The Criminal Act: The First Principle of Criminal Liability Flashcards
criminal liability
“conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests”
elements of a crime
to convict, the prosecution must prove beyond a reasonable doubt:
1) a criminal act (in all crimes)
2) criminal intent (in some crimes)
3) concurrence (in all crimes)
4) attendant circumstances (in some crimes)
5) that criminal conduct caused a criminal harm (in bad result crimes only)
actus reus
(or “evil act”; also referred to as the physical element in crime). the requirement that all crimes have to include a voluntary criminal act, which is the physical element of a crime and the first principle of criminal liability
mens rea
(or “guilty mind”). criminal intent, often referred to as the mental element of a crime
conduct crimes
requiring a criminal act triggered by criminal intent
criminal acts
voluntary bodily movements
criminal conduct
a criminal act triggered by criminal intent (mens rea)
criminal liability
conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests
concurrence
the principle of criminal liability that requires that a criminal intent has to trigger the criminal act
attendant circumstances element
a “circumstance” connected to an act, an intent, and/or a bad result
bad result crimes
(or simply result crimes). crimes that include all five elements:
1) a voluntary act
2) the mental element
3) circumstantial elements
4) causation
5) a criminal harm
criminal homicide
conduct that causes another person’s death
corpus delicti
Latin for “body of the crime”; it refers to the body of victims in homicides and to the elements of the crime in other crimes
manifest criminality
the requirement that mental attitudes have to turn into actions for a “crime” to be committed
one-voluntary-act-is-enough rule
conduct that includes a voluntary act satisfies the voluntary act requirement
automatism
unconscious bodily movements
fault-based defenses
defenses based on creating a reasonable doubt about the prosecution’s proof of a voluntary act
status
the character or condition of a person or thing
criminal omissions
the failure to act when there is a legal duty to act (failure to report and failure to intervene)
failure to report
not providing information when you’re legally required to
failure to intervene
not actively preventing or interrupting injuries and death to persons or damage and destruction of property
legal duty
an obligation created by a statute, contract, or special relationship, and enforceable by law
moral duties
an obligation or norm created and enforced by society, conscience, and religion that’s not enforceable by law
“Good Samaritan” doctrine
imposes a legal duty to help or call for help for imperiled strangers
American Bystander Rule
there’s no legal duty to rescue or summon help for someone who’s in danger, even if the bystander risks nothing by helping
legal fiction
pretending something is a fact when it’s not, if there’s a “good” reason for the pretense
actual possession
physical control of banned items on my person, for example, marijuana in my pocket
constructive possession
banned items not on my person but in places I control, for example, in my car or apartment
knowing possession
items possessors are aware is either on their person or in places they control
mere possession
items you possess but you don’t know what they are
