Criminal

Question 1

What is the actúa reus of an offense?

Answer 1

The actus reus of an offense is a voluntary act that causes a social harm. In exceptional circumstances, failure to perform an act—an omission or unlawful omission—will serve as the basis for criminal responsibility.

Question 2

What is an act? In the context of a voluntary act

Answer 2

Bodily movement
Sometimes there can be bodily movement, but no “act” at all
The muscular contraction must be voluntarily performed

Question 3

Definition of voluntary

Answer 3

Movement of the body which follows our volition

Question 4

What is an involuntary act?

Answer 4

Actor faced an extremely hard choice (duress)
Irrational (insane)
Includes: reflexive actions, spasms, epileptic spams, bodily movements in sleep

Question 5

Omission definition:

Answer 5

Failure to perform a legal act

“Negative act” does not mean guilty of a crime.

Question 6

If a stranger is is in peril, what is your duty?

Answer 6

A person generally does not have a legal or moral duty to help someone in peril.

Question 7

Duty = CCSSV

Answer 7

• Contractual obligation: (ex.) babysitter to child, boss of an employee
• Creation of risk: (ex.) render assistance if cause harm (hit and run)
• Statutory—Duty to Act: some duties are statutorily imposed… a driver involved in an accident must
  stop his car at the scene; parents must provide food and shelter to their minor children;
• Status (relationship) - parent to child, spouse to spouse
• Voluntary assistance—Volunteered to help one whos in danger and put them in a worse position than if they hadn’t commenced assistance.

Question 8

What is the bad samaritan law?

Answer 8

make it an offense (usually a misdemeanor) if a person fails to come to the aid of another person when they are in need under specific circumstances.

Question 9

Mens Rea (guilty mind)

Answer 9

mental state the the defendant must have in regards to the social harm elements set out in the definition of the offense. (committing the actus reus with vicious will, evil, morally blameworthy , culpable state of mind)

Question 10

Purposely (model penal code)

Answer 10

having a conscious objective or desire to engage in conduct of that nature or to cause a result

Question 11

Knowlingy (model penal code)

Answer 11

simply knowing that a certain type of conduct will bring about a result

Question 12

Recklessly (model penal code)

Answer 12

conscious disregard a substantial and unjustifiable risk. actor is aware of the risk but will do it anyways

Question 13

Negligently (model penal code)

Answer 13

inadvertently creates a substantial or unjustifiable risk that the material element exists or will result from his conduct, which the person ought to be aware of but isn’t.

Question 14

Intentional (Common law)

Answer 14

causes the social harm of an offense if (1) it is his desire to cause the social harm (2) he acts with knowledge that the social harm is virtually certain to occur as a result of his conduct.

Question 15

Willfully (Common law)

Answer 15

a person acts with an evil motive and knowledge that he is violating the law

Question 16

Reckless (Common law)

Answer 16

Actor disregarded a substantial and unjustifiable risk of which he was aware.

Question 17

Negligently (Common law)

Answer 17

A person’s conduct is negligent if it constitutes a deviation from the standard of care that a reasonable person would have observed in the actor’s situation.

Question 18

Malice (Common law)

Answer 18

A person acts with malice if he intentionally or recklessly causes the social harm prohibited by the offense.

Question 19

Culpability Approach

Answer 19

was crime done with morally culpable state of mind? Guilty not only because of actus reus, but because they committed each element of the crime with the particular state of mind to commit that crime

Question 20

What are the 4 levels of culpability?

Answer 20

(1) purposely, (2) knowingly, (3) recklessly, (3) negligently.-Must prove one these levels with each element of the crime:
- Nature of forbidden conduct
- Attendant circumstances
- Result of conduct-social harm

Question 21

Elemental approach

Answer 21

specific mental state set out in the definition of an offense in statutes
ex. burglary=break and enter into dwelling with intent to commit a felony therein

Question 22

(Types of mens rea) INTENTIONAL

Answer 22

person intentionally causes social harm if
person has conscious objective to cause the social harm
or
- person acts with the knowledge that the social harm is virtually certain to occurs as a result of the condcut

Question 23

(Types of mens rea) General intent

Answer 23

• Any mental state, whether expressed or implied in definition of offense that relates to
  the acts that constitute the criminal offense
• D is aware of his actions and any attendant circumstances (i.e. awareness of factors
  constituting the crime)
• May be inferred from the act itself
• generally all crimes require general intent
• Battery
• Rape
  Kidnapping
  involuntary manslaughter
  depraved heart murder.

Question 24

specific intent:

Answer 24

an intent or purpose to do some future act, or to achive some further consequence, beyond the conduct or result  that constitutes the actus reus of the offense.
Offender had intent and knowledge of actions and met mens rea (LACEBRAS.
 Larceny
 Arson
 Conspiracy
 Extortion
 Burglary
 Robbery
 Assault/Attempt
 Solicitation

Question 25

Transferred Intent Doctrine

Answer 25

Attribute liability to a defendant who intending to kill (or injure) one person,
accidentally kills (or injures) another person instead. The law transfers the actor’s state of mind regarding the intended victim to the unintended one..

Question 26

wilful blindness

Answer 26

deliberate ignorance
Where the actor
 Is aware of a high probability of the existence of fact in question, and;
 Deliberately fails to investigate in order to avoid confirmation of the fact.