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Criminal FYLSE > Page 4 > Flashcards

Page 4 Flashcards

0
Q

How does the MPC deal with strict liability?

A

Rejects strict liability, and only permits it for violations that are not crimes

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1
Q

Are there any defenses to strict liability?

A

Only to challenge the actus reus by saying defendant didn’t engage in a voluntary act

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2
Q

What are the two alternatives to strict liability?

A

A) shifting the burden of proof from the prosecution to the defendant
B) applying the objective negligence standard

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3
Q

If the prosecution shifts the burden of proof to the defendant, what must he do?

A

Prove that his actions were due to an honest mistake of fact or that he acted without guilty intent

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4
Q

What is the objective negligence standard?

A

You base liability on the negligence standard and charge that the defendant must act as carefully as he can

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5
Q

What is willful blindness?

A

When a person has strong suspicions they may be being used in a criminal scheme but deliberately and purposely choose not to make an inquiry or even slight investigatory step in order to remain ignorant

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6
Q

Deliberate ignorance and positive knowledge are what?

A

Equally culpable

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7
Q

What is an act?

A

Voluntary bodily movement

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8
Q

What does voluntary mean?

A

Any act that is the result of conscious and volitional movement and the muscular contraction is willed

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9
Q

What else does an act include?

A

An omission to act where there is a duty to act

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10
Q

What are exceptions that are not voluntary acts?

A
  1. Reflex/Convulsion
  2. Unconsciousness/Sleep
  3. Hypnosis/hypnotic suggestion
  4. Anything not a product of the effort/determination of the actor
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11
Q

What is a reflex/convulsion?

A

Muscular contraction that the mind has no share in

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12
Q

What is an example of a reflex/convulsion?

A

Knee-jerk, blinking, seizure

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13
Q

Why is reaching out to stop your fall not considered a reflex?

A

Because the mind has grasped the situation and dictated an action

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14
Q

If a defendant is susceptible to certain problems and knowingly took a risk, what do the courts say?

A

They stretch the period of actus reus to include the time in which the defendant knowingly took the risk, and say the act was voluntary

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15
Q

If a D drives with epilepsy and crashes, how do the courts resolve that?

A

They say the act is beginning to drive with the condition. A defendant that is aware of his tendency to seize is guilty of recklessly creating a situation where it is likely to cause great danger if it should materialize

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16
Q

If a defendant’s automatism is the result of a disease of the mind, it must be treated as what?

A

Insanity

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17
Q

Define automatism

A

Mechanical or involuntary action

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18
Q

Unconsciousness/sleep includes what?

A

Sleep or the clouded state between sleeping and waking

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19
Q

Are the courts completely sold on hypnosis-induced acts being not voluntary?

A

No, there is some argument about this

20
Q

What is an example of something not being a product of the effort of the actor?

A

Someone pushing your body

21
Q

What is the rule about duty?

A

Generally a person doesn’t have a legal duty to aid someone in peril, except with certain situations

22
Q

What are the seven situations that create a duty?

A
  • relationship
  • statute
  • contract
  • voluntary assumption of care
  • creation of peril
  • control over the conduct of others
  • landowner
23
Q

What are examples of relationships that would cause a duty?

A

Parent – kids, husband – wife, mountain climbing partners

24
Q

Example of a statute that would create a duty:

A

Drivers in an accident must stop and help

25
Q

What are some examples of contracts that create a duty?

A

babysitter – child, nurse – patient, lifeguard – drowner

26
Q

What is the rule about voluntary assumption of care in relation to duty?

A

Once you have started to help someone, you have a duty to finish, especially if your conduct induced other would-be helpers not to help

27
Q

What is an example of a situation where voluntary assumption of care creates a duty?

A

An expert swimmer tells child’s parents he will watch her at the lake…. He will be liable if he lets her drown

28
Q

If someone agrees to go with someone else to another place that will be isolated from all other aid, can that create a duty?

A

Yes, because of voluntary assumption of care

29
Q

How does creation of peril create a duty?

A

If you put another person in danger (intentionally, negligently, or without fault) you have a duty to safeguard or rescue

30
Q

How does controlling the conduct of others create a duty?

A

Some specific relationships impose a duty to control the other person’s conduct in the interest of public safety

31
Q

What is an example of a situation where one has a duty to control the conduct of others?

A

Parents must protect third parties from their child

32
Q

How does a landowner owe a duty to others?

A

He must provide for the safety of people he invites onto his property

33
Q

What is concurrence?

A

The physical conduct and the state of mind must concur, and if they don’t it can bar a conviction

34
Q

Is there a concurrence issue if there is a lag between the conduct and result?

A

No

35
Q

What two things must be present to establish causation?

A

Actual cause and proximate cause

36
Q

What is actual cause?

A

But-for causation.

  • Defendant’s conduct must be the cause in fact of the result
  • the victim must be a member of the class of persons foreseeably endangered
  • the victim must be harmed in a manner which is foreseeable
  • and the type and degree of harm suffered by the victim must be foreseeable
37
Q

Does an act have to be the only cause to prove causation?

A

No, just a link in the chain. Ask if the defendant’s conduct played a role in causing the harm

38
Q

What is proximate cause?

A

The acts of the defendant were the direct and natural cause of the criminal result through a chain of events that was not broken by an unforeseeable intervening event

39
Q

What is an easy way to remember proximate cause?

A

Would a person of ordinary intelligence have reasonably foreseen that such a result, or similar result was probable under the circumstances?

40
Q

What is an unforeseeable intervening event?

A

A reasonably unforeseeable act occurring after defendant’s act

41
Q

Are crimes and intentional torts usually foreseeable intervening events?

A

No

42
Q

How is proximate cause dealt with when a criminal act causes a foreseeable result, even though the results came through an unforeseeable sequence of events?

A

It is usually held to be the proximate cause

43
Q

If a criminal act causes an unforeseeable result through an unforeseeable sequence of events, what does that do to causation?

A

It usually breaks the chain of causation and the defendant is not liable

44
Q

Are negligent acts by others usually foreseeable?

A

Yes

45
Q

When a defendant intends to cause death or serious injury, how do the courts usually find him for liability?

A

They tend to hold him liable for the ultimate death unless there’s a very clear break in the causal chain

46
Q

Where does liability lie in this situation?

- Alice shoots at Bobbi and misses, although Bobbi has a weak heart and dies of a heart attack

A

But-for the shot, Bobbi would not have died, so Alice is guilty of murder

47
Q

When would a defendant that was the cause in fact of the result not be liable?

A

If the result was so far removed from the defendant’s action in time, place, circumstances, or chain of events

48
Q

What is the mnemonic used to help remember the seven no duty exceptions?

A

PRC v SLC

Criminal FYLSE (52 decks)

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