crim

Question 1

actus reus

Answer 1

Actus reus refers to a (1) voluntary act (or omission) that (2) results in social harm or an offense against the community. An act is considered voluntary if it involves bodily movement driven by a conscious decision. The government examines attendant circumstances—relevant conditions or facts at the time of the act—to determine if the conduct constitutes a criminal offense.

Question 2

mens rea

Answer 2

intention at moment, you committed violation of offenses

common law (actus reus key element in inferring the requisite intent)

• specific

conscious goal to commit an illegal act - defendant intended proscribed outcome as his purpose

highest level requiring proof that defendant had a particular state of mind that involved the commission of the offense

• general
• a blameworthy state of mind which the person is conscious of engaging in the actus reus of the offense: his mental intent, need only be to perform the physical act itself that is the actus reus of a crime he need not possess any intent to violate the law
• but the gov doesn’t need the prove the defendant sought a particular result but only that only that the defendant engaged consciously
• malice

intent to commit the act or extreme recklessness in engaging in conduct
that constitutes the offense/causes the harm

Question 3

MPC mens rea

Answer 3

purpose (most culpable)

• a person acts purposely with respect to a material element of an often when:
  
  • if the element involves a result, it is his conscious object to cause such result; and (2) if the element involved the attendant circumstance, he is aware of the existence of such circumstances or believed or hope they exist

knowledge

A person acts knowingly with respect to a material
element of an offense when:
(i) if the element involves … the attendant
circumstances, he is “aware” … that such
circumstances exist; and
(ii)if the element involves a result of his conduct, he
is aware that it is “practically certain” that his
conduct will cause such a result

recklessly

(1) consciously disregard (2) a substantial
and (3) unjustifiable risk that he would (4) cause the death of another.
“whether a risk is unjustifiable must be determined by assessing the
nature and purpose of the actor’s conduct relative to how substantial
the risk is.” = balancing

A “substantial and unjustifiable” risk is “one that is a gross deviation
from the reasonable standard of care

negligently (least culpable)