Fundamentals Flashcards
Burden of Proof
For defendant to be convicted of a crime, Each element must be proved beyond a reas. doubt
Elements for a Crime
- Actus Reus
- Mens Rea
- Concurrence
- Causation
Actus Reus
- Voluntary Act
- Failure to Act when there’s a legal duty to act
Failure to Act when there’s a legal duty to act
- Imposed by Statute
- Contract
- Special Relationship
- Voluntary Undertakings to Rescue
- Creation of the Risk of Peril
Mens Rea
Guilty Mind (None for Strict Liability)
- SI
- GI
- Malice
- Model Penal Code
- Purposely
- knowingly/willfully
- Recklessly
- Negligently
Specific Intent Crimes
Specific Intent (FIAT)
- 1st degree murder
- Inchoate Offenses
- Assault w/ intent to commit battery
- Theft Offenses
General Intent
- Intent to perform unlawful act
- Knowingly, recklessly, negligently
General Intent Crimes
General Intent
- Battery,
- Rape,
- Kidnapping,
- False Imprisonment
Transferred Intent Crimes
- Homicide,
- battery,
- arson
Malice Mens Rea
Reckless Disregard of high Risk of Harm
Malice Crimes
- Common Law Murder,
- Arson
Malice - Intent
Inferred from accomplished act
Model Penal Code - Purposely
Conscious Objective to engage in conduct or cause a certain result
Model Penal Code - Knowingly/Willfuly
Aware/knows result is practically certain to occur based on his conduct
Model Penal Code - Recklessly
Acts w/ conscious disregard of substantial and unjustifiable risk
Model Penal Code - Negligently
should be aware of subst. & unjust. risk that material elem. of crime exists or will result from his conduct (gross deviation from std. of care)
Principal
pers. whose acts/omissions are actus reus of the crime
* actively or constructively present at scene of crime
Principal in the Second Degree
- Person who aids or abets principal in 1st degree
- Physically or constructively present
- during commission of the crime
Accomplice Liability
Aids/Abets principal in facilitating the crime w/ intent the crime be committed
Accessory before the fact
- Has requisite intent
- Aided in the preparation for the offense
- Not phys. or constructively present during commission
- Liable for crime he purposefully facilitated and
- All other crimes committed by principal that are reasonably foreseeable
Accomplice Liability Defenses
Withdraw
- Repudiate prior aid
- Do all that is possible to countermand prior assistance, and
- Do so before chain of events set in motion and unstoppable
Accessory After the Fact
- Completed Felony
- Accessory Knows Felony was committed and
- Personally gave aid to felon to avoid apprehension or conviction
- liable for separate crime (obstruction or harboring)
