General Flashcards
MPC definitions
Elements required for a criminal conviction
1-Actus Reus
2-Mens Rea
3-Attendant Circumstances
4- Causing a certain result or harm
Actus Reus 2.01 (2)
A person is not guilty of an offense unless his liability is based on CONDUCT WHICH INCLUDES A VOLUNTARY ACT or the omission to perform an act of which he is physically capable.
Mental Cuplability
(1) MINIMUM REQUIREMENTS OF CULPABILITY. A PERSON IS NOT GUILTY OF AN OFFENSE UNLESS HE ACTED PURPOSELY, KNOWINGLY, RECKLESSLY OR NEGLIGENTLY, AS THE LAW MAY REQUIRE, WITH RESPECT TO EACH MATERIAL ELEMENT OF THE OFFENSE.
Omissions
- Failure to act is only an offense if the law imposes a duty to act
- Special relationship or legal duty must be established
- Breach must be established
Moral obligation does not impose a duty
Pope v. State
Mens Rea
People are subject to criminal sanction only when their behavior is accompanied by a culpable mental state.
Generally is a subjective awareness. What D thinks matters
Blameworthy (CL Mens Rea)
- Intending to proscribed result
- Knowing one would cause a certain result
- in a way that substantially risks a result/ harm which one is aware
Purposely
CONSCIOUS OBJECT
(i) if the element involves the nature of his conduct or a result thereof, it is his CONSCIOUS OBJECT to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
Knowingly
AWARE OF PRACTICAL CERTAINTY OF ReSULT
(i) if the:element involves the nature of-his conduct-or the attendant circumetances, he is AWARE that his conduct is of that-nature or that such circumstances exist;
(ii) if the element involves a result of his conduct, he is aware that it is PRACTICALLY CERTAIN that his conduct will cause such a result.
Requirement of knowledge satisfied by if a person is aware of a high probability of it’s existence
Recklessly
CONSCIOUSLY DISREGARD OF SUBSTANTIAL CERTIAINTY
when he CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, ITS DISREGARD involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.
Negligently
SHOULD BE AWARE OF RISK
i. Acts negligently when he SHOULD BE AWARE of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
ii. The risk must be of such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him involves a gross deviation from the standard of care that a REASONABLE PERSON would observe in the same situation
Ignorance or Mistake
1-Ignorance or mistake as to a matter of fact or law is a defense if
a. the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense
mistake of fact or law is a defense if it negatives the purpose, knowledge, belief recklessness or negligence required to establish a material element of the offense mistake of age cannot be a defense if the child is below 10..strict liability at 10
Justifications of Strict Liability
- to protect the health and welfare of the public
- To impose duties on those in position to impact the public widely
-The accused is usually in the best position to prevent harm
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Malum in se
wrong in itself
Legality Principle
No Punishment with Law- individuals should be given fair notice as to the conduct that could subject them to preosecution and punishment
Default Mens Rea when Statute is silent
Recklessness (subjective).
Negligence (objective) is insufficient
