Mens Rea, Actus Reus, Causation Flashcards
CL Malice
intentionally (purposely) or recklessly
CL Intent
purposely or knowingly
Knowingly
Conduct/AC: aware
Result: practically certain
Purposely
Conduct/Result: conscious object
AC: aware of existence
Recklessly
1) conscious disregard of substantial and unjustified risk
2) gross deviation from reasonable person’s standard of conduct
Negligently
1) should have been aware of substantial and unjustifiable risk
2) gross deviation from reasonable person’s standard of care
What is the default mental state when none is provided in the statute?
Recklessly
When do you know whether a crime is a strict liability offense?
Look at (in order):
1) common law
2) legislative intent
3) penalty
What factors are used to determine “legislative intent?”
- plain language
- legislative history
- legislative context
- severity of punishment
- level of crime
- public welfare offense
What role does the willful doctrine serve? What mental state does it apply to?
It allows the prosecution to establish knowledge of an attendant circumstance when there would otherwise be none - only available for “knowingly” mens rea
Common Law Willful Blindness
(1) the D subjectively believes there is a high probability that the attendant circumstance exists; and
(2) the D takes deliberate actions to avoid learning of that attendant circumstance.
MPC Willful Blindness
the person is aware of a high probability of its existence, unless he actually believes that it does not exist
What are the three types of actus reus?
Conduct, Result, Attendant Circumstance
The law requires that the acts of the defendant be _____________. (Common Law “act”)
Volitional rather than a mere physical act like spasms, sleepwalking, etc.
MPC voluntary act
a bodily movement that is the product of the effort or determination of the actor
When would you need to analyze omissions?
When there is no affirmative act by the defendant
What is the omissions analysis?
There is generally no duty to act unless: 1) the duty is based on a statute; or 2) the victim is in peril and there is a relationship, contract, or voluntary assumption of care with detrimental reliance on that care
When is causation relevant?
Any time there is a result offense
What are the two types of causation? Do you need both?
Actual - But for D’s conduct, would the statutorily prescribed result have occurred when it did?
Proximate -
You need both
What happens when there are concurrent sufficient causes for the result (two Ds acting independently)?
Substantial Factor Test - D’s act alone is enough to sufficiently bring on the result when it occurs
CL Proximate Cause
V’s injury is the direct and natural result of D’s actions; the result can’t be too remote or unnatural
MPC Proximate Cause
Purposely/Knowingly: Result was within the actor’s intent
Exception - can be established if the actual result differs from the intended outcome and outcome could have been more severe OR the harm experiences was the type intended and wasn’t too remote or accidental
Recklessly/Negligently: same, but “risk of harm” rather than injury
What is an intervening factor?
some causal agent comes into play after D’s conduct
What is a superseding factor?
an intervening cause that breaks the causal chain
