General Principles Flashcards
What are two requirement that must be met before crime can be proved?
Jurisdiction and Actus Reus
What are elements for Actus Reus?
voluntary
affirmative act or omission
causing criminal result
What is the scope of voluntary under actus reus?
voluntary or physical
can be speech
failure to act can be sufficient (imposed by statute, undertaking, special relationship, causation, contract)
if defendant does not have any motor control or asleep will not have voluntary acts reus
What are the commons law mens rea?
specific intent, malice, general intent, strict liability
What are the elements for specific intent
D has subjective desire
specific objective or knowledge to accomplish prohibited result
What are the types of specific intent crimes?
FIAT
First degree murder
Inchoate Crimes
Attempt
Theft
What are malice crimes?
I AM certain there are only two malice crimes:
common law murder (everything but first degree) or arson
What is malice?
defendant acts with reckless disregard of high degree of harm, defendant realizes the risk and acts anyway
What are general intent crimes?
require intent to perform an unlawful act. Generally committed knowingly, recklessly, or negligently
battery, rape, kidnapping, falseimprisonment
What is strict liability crimes?
no state of mind needed defendant only need to commit the act
EX: having sex with a minor, ask for Id, and believes that she is 18. Can still be liable because inquiry is intent o have sex only
What does Model Penal Code describe mens rea as?
purpose, knowledge, recklessness or negligence
also recognizes strict liability crimes
What does purposeful require under the MPC for mens rea?
conscious objective is to engage in conduct that causes a certain result
What does knowing/willful required under MPC for mens rea?
d is aware or knows that the result is practically certain to occur based on his conduct
What does reckless require under the MPC for mens rea?
D acts with a conscious disregard of a substantial and unjustifiable risk
What does negligently require under the MPC for mens rea?
D should be aware of the substantial and unjustifiable risk that a material element of a crime exist or will result from his conduct
What does strict liability require under the MPC?
no mens rea; proof of the acts reus is sufficient for conviction
EX of crimes: rape, bigamy, regulation of food and drugs
What does the merger doctrine require?
defendant convicted for more than one crime arising out of the same act, the two crimes merge into one
What are the ways to negate mensrea?
mistake of law or fact
insanity
intoxication
What is mistake of law
ignorance of the law is not excuse UNLESS
reliance on high government interpretation
lack of notice
goes to the element of specify intent (FIAT crimes)
What is mistake of fact
if general intent crimes ONLY applicable if mistake is reasonable and goes to criminal intent
if specific intent crimes, mistake of fact is defense whether it is reasonable or unreasonable
strict liability mistake is NEVER a defense
What is M’Nahtan test for insanity
D did not either (1) know nature of act or (2) wrongfulness of act because defect in reasoning
what is irresistible impulse test for insanity
d lacked capacity for self control and free choice because of mental illness
What is Durham test?
unlawful act was product of D’s mental state
What is MPC test for insanity
At the time of the conduct, D lacked substantial capacity to appreciate wrongfulness of the act or conform his conduct to the law
