Omissions, Causation & Mens Rea Terms

Question 1

Culpable omision

Answer 1

When there is a legal duty to act, not just a moral duty

Question 2

MPC omission liability

Answer 2

(A) the omission is expressly, made sufficient by the law, defining the offense = statue tells you you’re a mission counts; “failure to” laws

(B) a duty to perform the omitted axes otherwise imposed by law = source external to criminal statute

Question 3

Sources of duty to act

Answer 3

1. Relationship
2. Statute
3. Contract
4. Voluntary assumption of care
5. Creation of peril

Question 4

Causation rule

Answer 4

When a result is a required element of a crime, the prosecution must prove that the defendant actions (or omissions) caused the result

In general, to prove causation, the prosecution must prove:

1. Cause-in-fact= but-for case; factual cause
2. Proximate cause (legal cause) = causes that are close enough (proximate) in space and time that we feel OK about assigning legal blame
   - a matter of judgment and argument— about fairness: is this close enough that we should blame someone for causing the harm? Proximity and timing play an important role.

Question 5

Causation & statutes analysis

Answer 5

1. Look for “cause” requirements in the statute
2. Interpret language to determine whether to imply a causation requirement—is there some result that matters?
   - lots of time, causation not relevant
3. Interpret language to determine the type of causation required (cause-in-fact vs. proximate)

Question 6

Crime formula

Answer 6

Crime = actus reus (voluntary act or culpable omissions)
+ mental state
+ causation (only relevant for result crimes; cause-in-fact and proximate)
- defenses

Question 7

Mens rea

Answer 7

Guilty mind; mental state D must have to be guilty of a crime. Scienter or criminal intent
- mens rea divides accidental from intentional conduct

Question 8

Different mental states

Answer 8

1. Express phrase of bad mind requirement (“maliciously “corruptly”)
2. Express phrase indicating fault requirement, but not bad mind (“negligently” “carelessly”)
3. No express mental state but fault requirement in a verb (“refused “ or “permits” to do something)

Question 9

MPC purposefully, knowingly, recklessly, negligently

Answer 9

Purposefully = conscious object to engage in conduct; particular motive

Knowingly = aware in his conduct the outcome could happen and practically certain could result (drive into A but then also kill A’s baby B; B would be knowledge)
- “willful”

Recklessly = know of risk and ignore risk; subjective knowledge (what you know); “malicious”

Negligently = should be aware of risk; objective knowledge

Question 10

Strict liability rule

Answer 10

Just because there’s no mens rea, doesn’t mean it should be read as strict liability

Question 11

Identifying strict liability offenses for public welfare/regulatory offenses

Answer 11

1. New duties & crimes**
2. Intolerable casualty/harm risks
3. Wide distribution of possible harm
4. Penalties relatively small
5. Accused usually in position to prevent violation
6. Proof of fault would be hard for govt to find
7. Great number of expected prosecutions