Actus Reus
These are NOT voluntary acts.
A reflex or convulsion; A bodily movement during unconsciousness or sleep; Conduct during hypnosis or resulting hypnotic suggestion; A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
Social Harm
the intangible harm resulting from any crime including a community’s loss of a sense of security. The negation, endangering, or destruction of an individual, group, or state interest which is deemed socially valuable
MPC: Levels of Culpability
Purposely, Knowingly, Recklessly, Negligently
actual cause v. proximate cause
actual cause: "but-for" test; the cause-in-fact
proximate cause: "legal cause", direct cause
Common Law Murder
The unlawful killing of another human being with malice aforethought.
Actus Reus.
A voluntary act or omission.
The difference between conduct crimes and result crimes
Result Crimes → law punishes “unwanted outcome/prohibited result” [social harm] - murder
Conduct Crimes → (law prohibits specific behavior) defined in terms of harmful conduct, even where there may be no harmful result. – like drunk driving
T or F: Willful Blindness is considered for every element of a crime
F - Only considered for attendant circumstances
intented consequences doctrine
If intentional wrongdoer gets what they wanted in the gen manner they wanted it, cannot escape liability even if unforeseeable event intervened. Mother trying to kill son with poison.
Common Law Malice
Intent to kill
Intent to cause grievous bodily harm
Extreme recklessness
Intent to commit a felony (felony murder)
MPC's take on duty to act.
Omission satisfies conduct element of crime when
The statute defining the offense expressly states that failure to act is a crime, or
The defendant has a duty to act imposed by civil law
Specific Intent Crime
If you are accused of a specific intent crime, the prosecution must prove that when you committed the crime you had the requisite intent or mens rea. This intent (mens rea) will be listed in the statute that defines the crime. If you didn't act with this intent or mens rea, then you cannot be convicted of the crime. – Elemental approach
What’s the MPC’s approach to strict liability?
No conviction unless the prosecution proves some form of culpability for every element of the offense.
Carl intentionally stabs Mark in the chest. Mark will die from loss of blood in 15 minutes. Simultaneously, Jim intentionally shoots Mark in the leg. Mark would not die from this would by itself. Mark dies in 15 minutes.
Only Carl is the cause of Mark's death.
Factors to Determine Premeditation/Deliberation
Want of provocation on the part of the deceased
The conduct and statements of the defendant before and after the killing
Threats and declarations of the defendant during the course of the occurrence giving rise to the death of the deceased
Ill-will or previous difficulty between the parties
The dealing of lethal blows after the deceased has been felled and rendered helpless
Evidence that the killing was done in a brutal manner
MPC's take on "voluntary act"
MPC 2.01 – Dos not define voluntary act but says that the conduct must include some type of voluntary act. Ex. PPL V. DECINA - did not take medicine and drove. Seizure. Voluntary act of driving...
General Intent Crime
A general intent crime only requires that you intend to perform the act. Thatis, you don't need any additional intention or mens rea. For example, assault is usually a general intent crime. You only need to intend your actions, not any particular result. Morally blameworthy for actions. – culpability approach
When is mistake of fact a defense to a specific intent crime?
For a reasonable or unreasonable mistake.
Xavier intentionally stabs Vivian in the chest. Vivian will die from loss of blood in 15 minutes. Simultaneously, Derek intentionally shoots Vivian in the leg. Vivian would not die from this would by itself. Vivian dies in 10 minutes.
Who is the cause of Vivian's death?
Both.
Voluntary manslaughter is
An intentional killing committed in the heat of passion as a result of adequate provocation.
Reasons an omission would establish actus reus.
1. Statute imposing a duty to act
2. Special relationship
3. Assumption of a contractual relationship to care
4. Voluntary assumption of care that excludes others
A condition the prosecutor must prove in addition to the prohibited conduct or result
Attendant Circumstance
What type of culpability applies when there is none listed in the statute?
Then it is just understood to be “general moral blameworthiness”.
Emma stabs John. Five minutes later, Lillian shoots John in the head. John would die from the wound inflicted by Emma in 15 minutes. John would and does die instantly from the wound inflicted by Lillian.
Who is the cause of John's death?
rationales for felony murder
Deterrence
Reaffirm the sanctity of life
Transfers the intent to commit a felony to the implied malice aforethought required for murder
Eliminates prosecutor's burden of proving malice aforethought