Criminal Law Flashcards
What is mens rea?
the level of intent required for specific crimes.
must occur at the same time as the actus reus
What is mens rea under the model penal code?
negligently
recklessly
knowingly
purposefully
what is mens rea under the common law?
strict liability
general intent
malice
specific intent
Model Penal Code: Mens Rea
Negligently
gross deviation from norm in failing to perceive substantial and unjustifiable risk
Model Penal Code: Mens Rea
Recklessly
gross deviation from norm in consciously disregarding substantial and unjustifiable risk
Model Penal Code: Mens Rea
Knowingly
awareness
Model Penal Code: Mens Rea
Purposefully
conscious object
Common law: Mens Rea
Strict liability
no mens rea required
EX:
statutory rape
public health
safety regulations
Common law: Mens Rea
general intent
criminal negligence
EX:
Rape
battery
kidnapping
Common law: Mens Rea
malice
gross negligence
EX:
murder
arson
Common law: Mens Rea
specific intent
purpose
ex: first degree murder assault inchoate crimes property-related crimes
what is transferred intent?
the intent to harm a particular individual or object transfers if instead it causes similar harm to another person or object
What does Actus Rea include?
physical or external component AND either a voluntary act OR the omission to act that violates a legal duty
accomplice liability
individuals that are accessories to a crime committed by someone else
what accomplice liability under the modern approach?
one is liable for someone else's crime if they assisted by: aiding OR encouraging OR advising AND they intended to assist in the commission of the crime
under common law what are the 4 categories to accomplice liability?
principal in the first degree
principal in the second degree
accessory before the fact
accessory after the fact
common law: Accomplice liability
principal in the first degree
present at the scene and commits one element of the crime
common law: Accomplice liability
principal in the second degree
present at the scene + assists
BUT does NOT committ any element of the crime
common law: Accomplice liability
Accessory before the fact
not at scene, provided assistance beforehand
common law: Accomplice liability
accessory after the fact
not at scene
provided assistance after the crime was completed
What are the principals under accomplice liability liable for?
the crimes committed
What is an accessory before the fact liable for?
every crime committed
both planned and all foreseeable crimes
What is an accessory after the fact liable for?
NOT liable for the crime committed
BUT
is liable for the separate crime of being an accessory after the fact