Actus Reus
The Definition of Actus Reus
Transferred Intent
When a defendant acts with an intent to cause harm to one person or object and that act directly results in harm to another person or object, the defendant can be criminally liable for the harm caused
What are all elements of a crime?
Incapacitation
While separated from society, a person has less opportunity to commit crime or harm society
The Rule of Lenity
Ambiguity in a criminal statute must be resolved in favor of the defendant
An omission is the failure to act. Generally, an omission does not constitute actus reus, but there are exceptions.
Common Law: General + Specific
General Intent: The awareness of all factors/substantial risks constituting a crime. Generally when a crime is silent as to mens rea, the "reckless" standard applies, inclusive of negligence.
Specific Intent: A subjective desire, specific objective, or knowledge to accomplish a prohibited result
Define But-For Causation and Substantial Factor
(1) but for the defendant's action, the harm would not have occurred
(2) When two actors commit a harm in concert, they are both the factual cause of the harm even though had they not acted, the harm still would have occurred
Special and General Deterrence
Special Deterrence: punishment deters the criminal actor from reoffending
General Deterrence: punishment deters other people from reoffending, out of fear from seeing original actor punished
Retroactivity: Definition and Ex Post Facto v. Due Process
Retroactivity: Legislatures may not enact penal laws that apply retroactively, nor can executive officers enforce laws retroactively
Ex Post Facto: prohibits enactment of retroactive penal laws
Due Process: prohibits retroactive application of penal laws
What is a voluntary act
A voluntary act is the physical result of the effort or determination of the actor. Also may include inchoate offenses (attempts of crimes).
Does NOT include: 3rd party actions, unconscious conduct, thought process (mens rea)
Define all 4 Levels of the MPC Mens Rea
Purposefully: Acting with the conscious object to cause a particular harm, and if applicable, has knowledge and desires all attendent circumstances
Knowingly: An awareness that a harm is practically certain to result, and acting anyways, with knowledge of all attendant circumstances.
Recklessly: Acting with a conscious disregard to a substantial and justifiable risk that is a gross deviation from societal norms.
Negligently: Acting without awareness to a substantial and justifiable risk that is a gross deviation from societal norms
Acceleration
If one party causes a harm, typically homicide or arson, and another party acts in a way that shortens the time for the total harm to occur, they factually caused the harm by accelerating it.
Retribution
A person who VOLUNTARILY chooses to break the law deservers punishment because they did something wrong. If involuntary, punishment NOT warranted.
Specificity: Vagueness and Overbroad
Prohibited conduct must be clearly defined. A statute violates the due process clause if it is so vague and standardless that the public is uncertain to what conduct is prohibited
Possession as an Act
Possession constitutes a voluntary act if (1) the defendant had knowledge of the thing possessed and (2) was aware of his control for a sufficient period to have been able to terminate control
Two Types of Strict Liability Offenses
Public Welfare Offenses (ex. regulations, protection of health, traffic offenses)
Common Morality Offenses (ex. rape, adultery)
Define Proximate Cause, Generally
To be the Proximate Cause, an action must not be so remote or unforeseeable, that it would be unreasonable to hold the defendant liable for the action.
Rehabilitation
Punishment is aimed at reforming the criminal into a person who is less likely to reoffend upon release from punishment
Selective Enforcement
A statute is unconstitutionally vague if it allows or encourages arbitrary or discriminatory enforcement
The Three Exceptions to Omission
(1) Legal Duty to Act
(2) Voluntary Assumption of Care
(3) Defendant placed V in peril
Strict Liability Test in MPC and in Common Law
MPC: (1) there is always a presumption of mens rea unless (2) it is a regulation or offense not designed to punish, (3) legislative intent shows intent for S.L., and (4) the punishment is not unduly severe
Common Law: If law is silent, generally is reckless mens rea standard unless law is (1) Public welfare offense or (2) Common Law Morality
Name all 6 Dressler Factors and define it...if you feel like it.
(1) Foreseeability of Intervening Cause
(2) Apparent Safety Doctrine
(3) Voluntary Informed Human Intervention
(4) Deminimus Contribution
(5) Omission
(6) Intended Consequences Doctrine
Federal Approach Two-Step Analysis
i. Are the conditions being imposed for a permissible purpose of the FSRA (deterrence, public safety, rehabilitation)
ii. Are the conditions reasonably related to and involve no greater deprivation than reasonably necessary to achieve the purpose
(In wrong spot, fight me) Mistake of Fact and Mistake of Law
Generally, Mistake of Law and Fact are not a defense to mens rea. But, for Mistake of Fact if general intent then mistake must be genuine and reasonable. If specific intent, must only be genuine.
Only exception for Mistake of Law is reasonable reliance on an official interpretation of law