Criminal Law 1-15 Flashcards
What are the elements of a crime?
Elements:
Physical act (actus reus);
Mental State element (mens rea);
Causation (actual and proximate cause); AND
Concurrence (mental state and physical act occur at the same time).
Priority: N/A
When is an Omission to act considered a crime?
The defendant had a legal duty to act;
The defendant had knowledge of facts concerning the duty to act; AND
It was reasonably possible for the defendant to act.
Priority: N/A
What does Causation require?
It requires both:
Actual causation (but for); AND
Proximate cause (it was foreseeable that the injury would have occurred from the defendant’s physical act).
Priority: N/A
What is a Superseding Intervening Cause?
It is a third-party’s act that breaks the chain of causation. This normally cuts off the defendant’s liability.
An act will ONLY break the chain if the force was:
Independent of the defendant’s wrongful conduct; AND
Not foreseeable.
Priority: N/A
What is the Simultaneous Acts Rule?
A person’s acts will still be the proximate cause of a resulting injury if his wrongful conduct created a condition of peril.
A wrongful act that accelerates death is still the legal cause of death, even if the person was going to die eventually.
Priority: N/A
Under the Common Law, what mental state categories were used?
Mental states under the Model Penal Code?
Common Law: Specific Intent, General Intent, Malice, & Strict liability.
MPC: Purposefully, Knowingly, Recklessly, & Criminal Negligence.
*Willful Blindness Standard: A person acts knowingly when they are aware that certain facts are highly probable OR are intentionally ignorant of them.
Priority: N/A
Murder
Murder under the Common Law
The unlawful killing of a person with malice aforethought.
Malice aforethoughtrequires a showing of:
An intent to kill;
An intent to inflict great bodily injury;
A reckless disregard of an extreme risk to human life; OR
An intent to commit an inherently dangerous felony under the felony murder rule.
Priority: HIGH
Murder
Second Degree Murder
vs.
First Degree Murder
Second Degree Murder: The unlawful killing of a person with malice aforethought.
Malice aforethought: is established upon a showing of an intent to kill, an intent to inflict great bodily injury, a reckless disregard of an extreme risk to human life or an intent to commit an inherently dangerous felony under the felony murder rule.
First Degree Murder: Occurs when the killing was deliberate AND premeditated.
Priority: HIGH
Murder
Murder under the Model Penal Code (MPC)
The killing of a person either:
Committed purposely/knowingly; OR
Recklessly under circumstances manifesting an extreme indifference to the value of human life.
*Recklessness and indifference are presumed if the killing occurred during the commission of or an attempt to commit a dangerous felony (Felony Murder Rule).
Priority: N/A
Murder
Felony Murder Rule
A person is guilty of murder if a person is killed during:
Commission of (or attempt to commit) a felony; OR
Felony escape.
*All participants of the crime will be found guilty.
Priority: Medium
What is VoluntaryManslaughter?
An intentional killing of a person with adequate provocation.
Adequate provocation is established if:
The defendant was provoked;
A reasonable person would have been provoked;
There was not enough time to cool off before the killing; AND
The defendant DID NOT cool off before the killing.
Priority: HIGH
What is InvoluntaryManslaughter?
An unintentional killing of a person committed:
Recklessly;
Under the Misdemeanor Murder Rule;
During a non-dangerous felony; OR
Criminal negligence.
Priority: Low
What is Manslaughter under the Model Penal Code (MPC)?
The killing of a person:
Committed recklessly; OR
Which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance.
*The MPC doesn’t distinguish between voluntary/involuntary manslaughter.
Priority: N/A
What are the elements of Larceny?
The:
Trespassory taking,
And carrying away,
Of the personal property of another,
With the intent to permanently deprive the owner of the property.
*Larceny by Trick = when one obtains possession of another’s property by trick or deception.
Priority: Medium
How is a trespass defined under the
Continuing TrespassDoctrine?
A trepass is considered continued until the intent to permanently deprive arises.
Thus, one is still liable for larceny EVEN THOUGH the intent to permanentlydeprive the owner of the property did not arise until after the taking.
Priority: Low
