Test your knowledge
Basic Elements
of a Crime
The meaning of Actus Reus and Mens Rea
What is..
Actus Reus: The Act that creates social harm
Mens Rea: The required mental state
What is the meaning of causation and concurrence?
What is the nexus between the defendant's conduct and harm
What is malice aforethought?
1) Intent to kill
2) Intent to inflict great bodily injury
3) "Depraved Heart Murder" reckless indifference to an unjustifiably high risk to human life
4) Felony Murder Rule
Battery
1. Unlawful application of force
2. to another person
3. Resulting in either bodily injury or offensive touching
What are the Proximate Causation Basics?
1. Direct Cause
2. Intervening Cause
Actus Reus Voluntary Act Rule
There can be NO Actus Reus unless the defendant performs a voluntary act.
Types of Causation
1. Actual Causation
2. Proximate Causation
What is 2nd Degree Murder?
The default verdict for murder
Unlawful killings of another person with malice aforethought
Assault Type 1 and Type 2's Elements
Type 1: Intent to commit a battery (requires no mental state in part of the victim
Type 2:
1. Intentional creation
2. other than mere words
3. of a reasonable apprehension in the mind of the victim
4. of imminent bodily harm
Common Law Mental States and Meanings
1) Intent
Consciously cause the result or when one is virtually certain that the object will occur as a result of the defendant's conduct
2) Recklessness
Heightened criminal negligence or conscious disregard of a substantial or unjustifiable risk
3) Negligence
Objective fault: whether the defendant should have been aware of the risk
Can a defendant be found guilty of a crime for ignoring the risk or consequences of a mental or physical condition that cause involuntary actions?
Yes, because the defendant knows the risk or consequences that could result but simply ignores it.
If it wasn't for the defendant's conduct, the resulting harm would not have occurred...
What is the Actual Causation Rule?
Robbery
2. of personal property of another
3. from the other person or presence
4. by force or intimidation
5. with intent to permanently deprive him of it
Larceny
1. Taking and carrying away
2. of tangible personal property
3. of another
4. by trespass with
5. intent to permanently deprive the possessor of the property
Two-Step Intervening Cause Analysis
1st Step
Decide if the intervening cause is independent of or dependent on the defendant's conduct
Omission Rule
A person can be held criminally liable for an omission only if they had a legal duty to act
There is an adequate nexus between the defendant's conduct and the resulting harm to hold the defendant criminally liable
What is the Proximate Causation Rule?
Types of Possession and Define them
Physical: Holding or carrying an object
Constructive:
1. power over an object and
2. intent to exercise that power, even though the object is not in one's actual possession
Embezzlement
1. Intentional
2. Conversion
3. of property
4. of another
5. by a person in lawful possession of the property
Two-Step Intervening Cause
2nd Step (Full explanation)
1. If Dependent, the intervening cause occurs in response to or is dependent upon the defendant's conduct. Therefore, the defendant is liable UNLESS the intervening cause is extremely unusual or bizarre
2. If independent, the intervening cause is NOT in response to or dependent upon the defendant's conduct. Therefore, the defendant is NOT liable UNLESS the intervening cause is foreseeable
*use the objective reasonable person test*
5 Situations in which individuals have a legal duty to act
1. There is a special relationship with the victim
2. There is a contract with the victim that requires the defendant to act in a specific way
3. There is a statutory duty to act
4. The defendant creates the risk of harm to the victim
5. The defendant voluntarily assumes care of the person in need
Multiple Causation Scenarios
1) The defendant's conduct accelerates the prohibited result (ACCELERATION)
2) There are two or more sufficient causers for the prohibited result (Concurrent Sufficient Causes)
COMMON LAW: Was defendant #1's conduct a substantial factor?
First Degree Murder and the requirement's defined
There must be premeditation and deliberation
Premeditation: The process of thinking about a killing before engaging in the homicidal conduct
Deliberation: The process of carefully weighing the matters as wisdom of going ahead with the killing, the manner the killing will happen, and the consequence after the killing
Burglary
1. Breaking and
2. Entering
3. of a dwelling
4. of another
5. at night/day
6. with intent to commit a felony therein