Introductory material and legality Flashcards
What are the 5 elements of a crime that must be proven
1) Actus Reus
2) Mens Rea
3) Attendant Circumstances
4) Causation
5) Concurrence
What is Acuts Reus
The voluntary act, omission, or possession that causes the prohibited result.
Actus is the act. Reus is the prohibited results
What is Mens Rea
the culpable mental state. the Intent. “guilty” mind”
How do you prove mens rea
You can infer state of mind through the conduct. Generally proved circumstantially
What are the mens rea in MPC
purpose, knowledge, recklessness, negligence
What are the mens rea in CL
intent, recklessness, negligence
What are attendant circumstances
Other elements that must be proved to establish prohibited results (i.e. must be a human being, must be a dwelling)
What is causation
Links the actus with the reus. State has to prove the act produced the result
What is concurrence?
In order to be guilty of the crime, the mind must concur with the action
What is the jury’s job with circumstantial and direct evidence?
THe jury’s job is to find the fact, to weigh the evidence, and to assess credibility and determine facts.
What is the prima facie burden
government’s requirement to produce evidence on every element in its case.
What is the due process aspect of legality
provides people with protection from arbitrary enforcement of the law.
What is the issue with notice in legality?
people need to know about the law. THey don’t have to have actual knowledge, but they need to have the ability to know
What is malum in se
Evil within itself. refers to the fact that the nature of the crime itself shows its evil (i.e. murder and rape)
What is malum prohibitum
evil because legislature say it is evil
what is the doctrine of lenity
when the statute is ambiguous the court always rules in favor of the plaintiff
EWWhen is the beyond a reasonable doubt met
Reached when every fair and rational hypothesis of innocence has been eliminated such that the only reasonable conclusion is guilty
What is the role of inferences
Inferences can help a jury decide if it is reasonable to conclude the state has proved every element. THey are conclusions drawn from evidence and are permissive.
When will a judge let the case go to jury
Jury will only get to decide the case when there is a reasonable possibility that the D can be found guilty. Judge cannot let jury have the case if he believes there is another rational hypothesis
What is direct evidence
Evidence coming directly from the defendant’s mouth or actions
