Crim Midterm Flashcards
What is an “element” of a crime?
(1) Must be a voluntary act (actus reus) or an omission of an act where one has the legal duty to perform
(2) Must be culpability (mens rea)
punish only those who have a guilty mind
the state of mind that the prosecution must prove that the defendant had when committing a crime
a. MPC§2.02(2) culpable mental state:
Purposely, Knowingly, Recklessly,
Negligently
b. NYPL: Intentionally, Knowingly, Recklessly,
Criminal Negligence
(3) Criminal intent, causation
(4) Act must have caused harm (proximate: actions could have caused harm or cause in fact: would not have happened otherwise)
(5) Must be a statute against it (statute criminalizing the behavior)
Types of Punishment:
(1) Utilitarianism
(2) Deterrence
(3) Retribution
(4) Rehabilitation
(5) Incapacitation
Utilitarianism
pain of punishment should be used to prevent crime for the greater good of society
Deterrence
act or process of discouraging certain behavior, particularly through fear
Retribution
“eye for an eye”; punishment is justified by the seriousness of the offense committed
Rehabilitation
reforming the offender to reenter mainstream society
Incapacitation
Making an individual incapable of committing a crime by removing the person from society
Define Actus Reus
The act or omission that comprises the physical elements of a crime as required by the statute
- We can’t punish just for a guilty mind; the person needs to act on those ideas
-MPC defines an act as bodily movement whether voluntary or involuntary
- Omission - failure to act
Define Mens Rea- MPC
a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.
Purposely: A person acts purposely with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
Define Mens Rea- NYPL
a person is not guilty of an offense unless he acted Intentionally, knowingly, recklessly or criminally negligent, as the law may require, with respect to each material element of the offense.
Intentionally: a person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct
- Ex: have a gun and I want to kill someone and pull the trigger, the gun is stuck and the bullet does not come out; I still intend to kill someone
Affirmative defence
Yes I did it but I am not liable because…
- If the statue DOES NOT specifically say it is an affirmative defense then it is just a defense
- When a “defense,” other than an “affirmative defense,” defined by
statute is raised at a trial, the people have the burden of disproving
such defense beyond a reasonable doubt.
VS “affirmative defense” the defendant has the burden
Overt Act
Beyond mere preparation
Intentionally and Purposefully Definitions
Conscious objective to commit such a crime
Intentionally–> NYPL
Purposefully –> MPC
Knowingly is the
defendant’s Awareness that their conduct is of such nature or that such circumstances exist
Substantial Step
an act in furtherance made towards the commission of crime
