Intro, Actus Reus, Mens Rea, and Causation

Question 1

What is a crime?

Answer 1

A crime of public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: (1) Death; (2) Imprisonment; (3) Fine; (4) Removal from office; or (5) Disqualification to hold and enjoy any office of honor, trust, or profit in this State.”

Question 2

What is a misdemeanor?

Answer 2

Crimes that are not felonies are misdemeanors [or infractions]

Question 3

What is a felony?

Answer 3

“A crime, which is punishable with death, by imprisonment in the state prison, or [under certain circumstances], by imprisonment in a county jail.”

Question 4

What is a wobbler?

Answer 4

Crimes that can be charged as felonies or misdemeanors

Question 5

To be convicted of murder, what are the four elements the prosecution must prove beyond a reasonable doubt?

Answer 5

The four elements are:
(1) Actus reus;
(2) Mens rea;
(3) Concurrence; and
(4) Causation

Question 6

Actus Reus

Answer 6

The physical component; an act, a volitional movement of the body

Question 7

Mens Rea

Answer 7

The mental component; criminal intent

Question 8

What is concurrence?

Answer 8

It explains that the mens rea and the actus reus must be present at the same time

Question 9

General Intent

Answer 9

Defendant intentionally did the act the law proscribes

The intent to perform an act even though the actor does not desire the consequences that result, usually recklessness or negligence

Question 10

Specific Intent

Answer 10

Defendant must commit the actus reus with a particular motive or desire; defendant had a goal of achieving something in addition to the actus reus; “with the intent to achieve” or “for the purpose of achieving some additional result”

Question 11

Negligence

Answer 11

is the conduct that falls below the standard required by law for the protection of others against the unreasonable risk of harm

Question 12

Criminal Negligence

Answer 12

Is the aggravated, culpable, gross, or reckless, that is, the conduct of the accused must be such a departure from what would be the conduct of an ordinarily prudent or careful man under the same circumstances as to be incompatible with a proper regard for human life, or in other words, a disregard of human life or an indifference to consequences

Question 13

Criminal Negligence Objective Test

Answer 13

If a reasonable person in the defendant’s position would have been aware of the risk involved, then the defendant is presumed to have had such an awareness

Question 14

What is purposely?

Answer 14

If the element involves 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.

Consciously desires a result

Question 15

What is knowingly?

Answer 15

If the element involves the nature of his conduct, he is aware that his conduct is of that nature; and 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.

Aware that a result is practically certain to follow

Question 16

What is the distinction between purposefully and knowingly?

Answer 16

The distinct here is intent; action is not purposeful unless it was his conscious object to perform an action of that nature or cause such result. This is different than if he is simple aware that the conduct is of the required nature or prohibited result is practically certain to follow from his conduct

Question 17

What is recklessly?

Answer 17

He consciously disregards substantial and unjustifiable risk that the material element exists or will result from his conduct. Risk must be to such a disagree, that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation

Consciously disregards a substantial and unjustifiable risk that the conduct will cause harm to another; deliberate decision to endanger another

Question 18

What is negligently?

Answer 18

It does not involve a state of awareness; occurs when he inadvertently creates a substantial and unjustifiable risk of which he ought to be aware of. Risk must be such a nature and degree that the actor’s failure to perceive it, considering the nature and purpose of his conduct and circumstances known to him.

Involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation

Question 19

Transferred Intent

Answer 19

You intend to kill Rachel, but miss, thus hitting and killing Tammy. This is transferred intent. The intent to kill Rachel transfers to Tammy and you are guilty of murder.

Question 20

What is causation?

Answer 20

The defendant must be:
(1) the actual cause (“but for” cause); and
(2) the proximate cause of the ensuing harm to society and the individual(s)

Question 21

What is the “but for” causation?

Answer 21

But for the defendant’s conduct the harm would not have occurred.

More than one defendant: Use substantial factor test to question whether each person’s contribution to the crime was as substantial factor in bringing about the harm

Question 22

Proximate Cause

Answer 22

This question asks whether it is appropriate to hold the accused responsible for the harm

One cause of harm: the death is the direct, natural, and probable consequence of the act and would not have occurred without the act
Multiple Causes: An act that causes death only if it is a substantial factor in causing the death

Question 23

When is proximate cause an issue?

Answer 23

Only a genuine issue when there is an intervening cause

Question 24

Dependant Intervening Cause

Answer 24

Cause will not absolve a defendant of criminal liability; cause may be a normal or involuntary result of the defendant’s original act; defendant is liable just as in direct causation case

Question 25

Independent Intervening Cause

Answer 25

Cause breaks the chain of causation and does absolve the defendant; act may be so disconnected and unforeseeable as to be a superseding cause; defendant’s act will thus be a remote act, not the proximate cause

Question 26

Foreseeability

Answer 26

of harm is a recognized factor in determining whether the defendant acted with gross negligence, and if so, was the proximate cause of ensuing harm. Essentially was this general type of act foreseeable. Was the the harm foreseeable? Were they foreseeable enough that the defendant should have foreseen the possibility of some harm that results from his act?

Question 27

What is Beyond a Reasonable Doubt?

Answer 27

Difficult to prove, like 95% certainty; Evidence doesn’t have to eliminate all doubt but evidence must be so strong that trier-through judge or jury-is nearly certain that defendant is guilty

Question 28

What is Clear and Convincing Evidence?

Answer 28

Middle of the three standards of proof, like 75% certainty

Question 29

What is Preponderance of Evidence?

Answer 29

Easiest burden to prove, like 51% certainty; Satisfied when evidence in favor of proposition is slightly greater than the evidence against the proposition

Question 30

When liability arises in a failure to act, in what cases do people have a duty to act?

Answer 30

1. A statute imposes a duty to act;
2. A relationship such as parent and child imposed a duty to act
3. There is a contractual relationship that imposes a duty to act
4. An individual voluntarily assumes the car or protection of another
5. An individual creates a risk that threatens another

Question 31

What are the elements of possession?

Answer 31

The defendant must:
1. Know of the substance’s presence; and
2. Know that the substance is a controlled substance

Question 32

What is an ostrich instruction?

Answer 32

It informs the jury that a person may not escape criminal liability by pleading ignorance if he knows or strongly suspects there are criminal dealings but deliberately avoids learning more exact information about the nature or extent of those dealings

Question 33

When is an ostrich instruction appropriate?

Answer 33

The instruction is appropriate when:
1. Defendant claims to lack guilty knowledge; and
2. The government presents evidence from which a jury could conclude that the defendant deliberately avoided the truth

Question 34

What is a strict liability offense?

Answer 34

Crimes that have no mens rea.

Question 35

What is a strict liability offense usually reserved for?

Answer 35

Reserved for crimes “that relate to public health and safety and impose relatively light penalties.” An exception is statutory rape which is a serious felony.

(Just because a statute does not state a mens rea, does not mean there is no mens rea)