Elements of Crimes Flashcards
What is Actus Reas
Actus reas is the guilty act committed by D and may be either
1. Voluntary, conscious act that causes an unlawful result
2. D fails to act when they have the duty and ability to act
What is required for an act to be voluntary
Legal act requires act plus volition
-does not incude reflexes or sleepwalking
What is D required to act?
- statutory duties (law enforcement)
- legal duty arising by contract
- relationship status (spouses, parents)
- voluntary act or undertaking to rescue
- failing to help after creating the risk
What is mens rea
Mens rea is the guilty mind of the D
What are mens rea categories
- purpose
- knowledge
- intent
- willful
- recklessness:
- criminal negligence:
Criminal Negligence
D creates an unjustifiable risk without the subjective awareness that they are doing so, but a reasonable person would have been aware
-a reasonable person in that situation would have been aware that the D was creating a substantial risk
Purpose
D has conscious objective to bring about result
Knowledge
D knows with almost absolute certainty that the act will produce the result
Intent
D acts intentionally with purpose or knowledge
Willful
D acts purposefully or knowingly with moral turpitude
Recklessness
D is aware that conduct creates risk that’s unjustifiable but ignores the risk and engages in conduct anyway
Specific Intent
Requires proof that D intended to create a specifically prohibited harm
What nullifies specific Intent
- honest but unreasonable mistake of fact
- voluntary intoxication
What is mens rea required for specific intent crimes
Purpose or knowing, intent
General Intent
Requires only that D desire to do the proscribed act
What is mens rea required for general intent crimes
Recklessness and negligence
What nullifies general intent
- honest and reasonable mistake of fact
Express Malice
D intended to kill another human being
How to prove intent to kill
To prove intent to kill, D must have acted with:
1. purpose to kill
2. knowledge that their conduct would kill
3. intent to inflict grievous bodily harm without the intent to kill
Implied Malice
D caused the death as a result of extreme recklessness or criminally negligent conduct that manifested a wanton disregard for human life
Strict Liability crimes
- No mens rea element
- act plus result equals guilt
Transferred Intent
D intended to produce the criminal result against one victim, but harmed another.
Concurrence
Mental state must actuate the conduct that produces a criminal result
Tests for Actual Cuase
- But for: the result would not have occurred but for the D’s conduct
- Substantial factor: multiple causes or parties were responsible but D’s act was a substantial factor in causing the criminal result
- Acceleration: D’s conduct speeds up an inevitable death, even if only by a short amount
What is proximate cause requirement
Resultant harm of act must be within the risk created by D’s conduct in crimes involving negligence or recklessness, or that is sufficiently similar to the harm intended in intent-crimes
Foreseeable intervening events
Will not supersede D’s conduct and D will still be liable
What is standard of foreseeability
Event is dependent or responsive to defendant’s initial cause
Unforeseeable intervening events
Event generally supersede’s D’s criminal conduct and D will generally be relieved of liability and the causal connection will be broken regarding criminal result
What does unforeseeability require
- grossly negligent or reckless conduct that accelerates a death set in motion by the D
- Independent intervening cause or mere coincidence
