Crim Flashcards
What is actus reus and what is its significance in criminal law?
The act required to commit a given crime. Voluntary physical act, a voluntary bodily movement.
When can a failure to act (i.e., an omission) constitute actus reus for a given crime?
Omission as actus reus — a failure to act can constitute actus reus if:
D had a specific legal duty to act;
D had knowledge of facts giving rise to the duty; and
It was reasonably possible for D to perform the duty
What is mens rea and what is its significance in criminal law?
The mental element required at the time a crime was committed; a required element of common law crimes, along with actus reus
What constitutes specific intent? What defenses may negate specific intent?
Specific intent — D must have a specific intent or objective to commit the given crime
Specific intent must always be proven; never inferred
Mistake of fact and voluntary intoxication are defenses
What is general intent?
General intent — D must be aware of his actions and any attendant circumstances
May be inferred from the act itself
Note — most crimes are general intent crimes
What constitutes malice for mens rea purposes and what crimes require malice as the mens rea element?
Malice — D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected
Applies to arson and common law murder
What is the mens rea requirement for strict liability crimes?
Strict liability — no intent or awareness is required for strict liability crimes (i.e., no mens rea requirement)
Arises with statutory rape, administrative, regulatory, or morality crimes
What is the significance of vicarious liability in the context of criminal law? When does it arise?
Vicarious liability — person without fault is held liable for another’s criminal conduct (like respondeat superior — See Torts)
Often arises with employment or business associations
When does someone act purposely for criminal law purposes? Is it a subjective or objective standard?
Purposely (subjective standard)
A person acts purposely when his conscious objective is to engage in certain conduct or cause a certain result
What constitutes a crime committed knowingly for criminal law purposes? Is it a subjective or objective standard?
Knowingly (subjective standard)
A person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result
When does someone act recklessly for criminal law purposes? Is it a subjective or objective standard?
Recklessly (subjective standard)
A person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregards it
What constitutes negligence for criminal law purposes? Is it a subjective or objective standard?
Negligence (objective standard)
A person acts negligently when he fails to become aware of a substantial and unjustifiable risk.
Strict liability applies to what types of crimes?
MARS- Morality (bigamy), Administrative, Regulatory, Statutory Rape
What is the concurrence requirement for any crime?
Concurrence requirement — D’s criminal act and the requisite intent (i.e., mens rea) for the crime must occur simultaneously
To satisfy the causation requirement, how must D’s conduct be a cause of the crime committed?
Causation requirement — D’s conduct must be both the cause-in-fact and the proximate cause of the crime committed.
