General Principles Flashcards
felony
cr punishable by death or imprisonment for 1y +
misdemeanor
cr punishable by imprisonment for less than 1y or by a fine only
void-for-vagueness doctrine can make stats void when/ under
when they’re not specific enough that a reasonable person of normal intelligence would have “fair notice” of what conduct is prohibited.
DPC of 5A & 14A
elements of all crimes
actus reus (vol/ guilty act)
mens rea (guilty mind)
concurrence in time
causation (CIF + proximate)
a person acts knowingly when
he knows the nature and/or result of his conduct
a person acts intentionally when
he desires that his acts cause certain conseq or knows that his acts are substantially certain to produce those consequences
habitual act vs reflexive act- when do they satisfy the actus reus el
habitual acts= satisfy AR/ can be prosecuted
reflexive acts= do not satisfy/ cannot be prosecuted
a person acts purposely when
there exists a conscious objective to engage in such conduct or to cause such a result
a person acts recklessly when
he consciously disregards a substantial and unjustifable risk that the material el exists or will result from his conduct
specific intent crimes require that D
- wants/ hopes/ wishes that his conduct will bring about a particular result, regardless of how likely the result is to happen
- expects that his purposeful act will have the particular result, even if he doesn’t particularly want it
- 1d murder, theft crimes, burglary, inchoate crimes
general intent crimes require that D
commission of an unlawful act without a specific mens rea
rape, batterly, kidnapping, false imprisonment, invol manslaughter, depraved heart murder
malice crimes require that D
act intentionally or with reckless disregard of an obvious or known risk that a particular harmful result will occur
-murder and arson
strict liability crimes require that
D doin the act that is required by the stat. no mens rea req
to find proximate cause,
resulting harm must be within the risk created by D’s conduct in crimes involving recklessness,
or sufficiently similar to that intended in crimes requiring intent,
so as not to hold D liable for extraordinary results.