Actus Reus & Omissions
What is the definition of a voluntary act? CL & MPC.
CL: "willed muscular contraction"
MPC: a voluntary act is an act that's not been categorized as an involuntary act - largely interpreted the same as a "willed muscular contraction"
What is the CL definition of negligence?
A gross deviation from the standard of care; D should have been aware of a substantial and unjustifiable risk that the harm would result from his conduct. (obj.)
What is the MPC definition of negligence?
D should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct; this failure to be aware constitutes a gross deviation from the standard of care (obj.)
What is the test for actual/but-for causation?
But for the D's actions, would the event have occurred when it did?
What is transferred intent and what are the four transferred intent exceptions?
Transferred intent is typically in cases of bad aim, where the intent you had for one transfers to the other.
Exceptions:
1. When the social harm is diferent;
2. When the intended harm occurs AND additional harm occurs;
3. When the statute prohibits it;
4. Misidentification cases.
What is the definition of an involuntary act? MPC and CL.
CL: Muscle spasms that cannot be controlled, essentially the brain is working but the mind is not.
MPC: Reflexes, convulsions, sleep, hypnosis.
What is the CL definition of recklessness?
D consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. (subj.)
What is the MPC definition of recklessly?
D consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. (subj.)
What are three tests the court will use when considering whether a D's actions are a sufficient but-for cause?
1. Concurrent Sufficient Causes: if D1 & D2's actions each would have been independently sufficient to cause the result & there is no acceleration, the but-for test fails us & the court will use the MSC or SF Test.
2. "Multiple Sufficient Causes" or "Substantial Factor Test": modifies but-for to ask "but for the D's actions, would the harm have occurred when AND as it did?"
3. Acceleration: if the V suffers two independent simultaneous injuries, & dies sooner with both than they would have with one, the but-for test still works. Whose actions accelerated the end result?
What is strict liability and what five factors support a strict liability interpretation?
Strict liability crimes require no mens rea. Essentially, if you did the crime, you do the time. Factors that support a strict liability interpretation include:
1. This is not a malum in se crime, but a malum prohibitum crime;
2. Legislative intent & policy clearly indicate strict liability;
3. The standard imposed by the statute is reasonable;
4. The penalty is small;
5. No moral stigma attaches to the crime.
What is an omission and what is the general rule for not acting?
An omission is not acting. Generally, failures to act are not punishable unless there is a legal duty to act.
What is the CL definition of willful blindness?
1. D must be aware of a high probability that circumstances exist (subj.); AND
2. D must deliberately fail to investigate to avoid confirmation of the facts. (obj.)
What is the MPC definition of willful blindness?
1. D is aware of a high probability that circumstances exist (subj.); UNLESS they actually believe that the circumstances do not exist (subj.)
What is the proximate "legal" cause?
This determines the cause of event on which we base culpability, out of ALL the but-for causes, this is the one that is culpable.
The proximate cause will always be an actual cause, but not all actual causes will be the proximate cause.
What are the only two defenses to a strict liability crime?
AND
How does the MPC feel about strict liability crimes?
Defenses:
1. "I didn't do it"
2. This is not intended to be a strict liability crime.
The MPC does not like strict liability since they are heavily elemental, except for "violations" defined in § 2.05, which aligns with the 4th strict liability factor (small penalty).
What are the five omission exceptions for when a legal duty to act exists?
1. Statutory Duty
2. Status Relationship
3. Contractual Obligation
4. Where the omitter has voluntarily assumed the care of another, thereby placing the victim in a worse position
5. After the omitter has created the risk
What is the CL definition of knowingly?
Knowing to a virtual certainty that the circumstances exist; or are aware that they exist; or correctly believing that the circumstances exist. (includes willful blindness) (subj.)
What is the MPC definition of knowingly?
D is aware their conduct is practically certain to cause the result; or D is aware of the nature of the act or omission or the result to follow or the attendant circumstances (includes willful blindness) (subj.)
What are intervening causes and what are intervening superseding causes?
Some intervening causes are not significant enough to break the causal chain and relieve the D. An intervening superseding cause is significant enough to break the causal chain and will relieve the D of culpability.
What is concurrence?
Concurrence requires that all three requirements occur at the exact same time.
What is a special nuance to the omission exceptions rule?
and/or
What, if any, are the differences between CL & MPC with omissions?
Liability will ONLY apply if the omitter is physically capable of performing the act.
Omissions will be treated the same under CL and the MPC, because the MPC has a catch-all for when a duty is "otherwise imposed by law," including all CL duties.
What is the CL definition of intent?
It is the conscious desire/objective of the D to cause the social harm, OR it is virtually certain that the social harm will occur. (subj.)
What is the MPC definition of purposely?
D has the intention to do the act or cause the prohibited result. (subj.)
Note: intention under the MPC is also defined as conscious objective or desire.
What 6 factors are considered when evaluating whether an intervening cause is an intervening superseding cause?
1. Foreseeability of the Intervening Cause;
2. The Defendant's Mens Rea;
3. Victim's Own Act;
4. Apparent Safety Doctrine;
5. Minimal Contribution to the Social Harm;
6. Omissions
What is the CL definition of burglary? Larceny?
Burglary: The breaking and entering of the dwelling house of another at night with the intention to commit a felony therein.
Larceny: The trespassory taking and carrying away the property of another with the intention to permanently deprive them thereof.