Actus Reus
The part of the crime consisting of the voluntary act, or omission to act
Crimes that do not contain a Mens Rea element
What is
Strict Liability Crimes
The two forms of causation and their tests
What are
1. Actual cause: but for defendant's conduct the harm would not have occurred
-also substantial factor test: when more than one defendant (!)act simultaneously but not together and (2) both were substantial factors of bringing about the harm
2. Proximate Cause: Who or what events that satisfy the but for actual cause standard should be held accountable for resulting forceable harm
At common law the recognized "inherently dangerous felonies"
What are:
Burlary
Arson
Rape
Robbery &
Kidnapping
The Common Law Definition of Murder
Unlawful Killing of another human being with malice aforethought
What are 4 examples of legal status relationships
1.Husband/Wife
2.Parent/ Child
3. Doctor Patient
4. One who has care and control: Warden/Prisoner
5.Public Duty: firefighter/lifeguard/police officer
When proving/ interpreting intent the court recognizes that intent can be inferred from _______ _________.
ex. Words, amount of force, choice of weapons etc
any intended consequence of an act is proximate and will satisfy proximate cause
The four types of Malice Aforethought and what do they require
What are
1. Intent to kill: premeditation and deliberation/ conscious objective of brining about the death
2. Intent to cause grievous bodily harm: knowledge that the conduct would cause serious bodily injury
3. Depraved Heart Murder: Extreme recklessness or wagon disregard of human life (Ex: Russian Rullette and Drag racing)
4. Felony Murder Rule: Strict liability for deaths resulting the commission of inherently dangerous felonies.
At common law, Juries consisted of this many people
what are 12
What are 3 Examples of actions that the court recognizes as not voluntary
Actions done while:
1.Sleep walking
2. hypnotized
3. or as a conditioned response
When Defendants try to escape the reach of statutes requiring knowledge by deliberately shilling themselves by facts strongly suggested by the circumstances is called
willful blindness.
Defendant's cannot use willful blindness to escape criminal liability
What is responsive intervening cause, and when would it break causal chain
Responsive intervening cause is when harm results from actions taken in response to defendant's conduct (emergency aid), and will only break causal chain when abnormal
What are the two theories and their definitions for defining the scope of liability under the FMR
1. Agency Theory: actors are only responsible for the deaths caused by an agent of the crime (their co felons)
2. Proximate Cause Theory: actors are responsible for any foreseeable death that occurs within duration of the felony
True or False:
Jury nullification is the right of the Defendant
What is
False
In order to hold someone criminally liable for omitting to act, the government must prove
(1) that a legal duty existed
(2) That the omitter knew one was in peril
(3) The omitter willfully or negligently failed to act
(4) The omitter failed to make reasonable effort to rescue (reasonable when one could do so without jeopardizing their own life or the lives of others)
List and Define the Different forms of Mens Rea both at common law and the MPC
Common Law:
Intentionally: Acting with conscious objective (specific intent) or practical certainty (general intent)
Recklessly: One acts when aware of the risk and continues anyway
Negligently: One is unaware of the risk but should've been aware, and acts anyway.
MPC:
Purposefully: One acts with the conscious objective of bringing about the consequences
Knowledgeable: one acts with practical certainty that conduct will cause harm
Reckless: one is aware of the risk of harm conduct could cause, and continues anyway
Negligent: one is unaware of the harm, but they should've been aware of possibility of harm, and continued anyway
True or False:
A forseeable omission is a superseding "act" and will break the causal chain
False: no matter how unforeseeable an omission may be a "negative act" will not supersede an earlier "positive act"
Definitions of Express Malice and Implied Malice
What are
(a) Express malice is a manifestation of a deliberate intention to unlawfully take away the life of a fellow creature
(b) Implied Malice when no considerable provocation appears or when the circumstances attending the killing show an abandoned or malignant heart
the mistake goes toward any element of a crime besides .. specific intent
If General intent crime, every mistake must be reasonable
If Specific intent crime, only the mistake as to element of intent may be unreasonable, mistakes regarding all other elements must also be reasonable
What are the 5 ways to create a legal duty to act as to punish an omission as Actus Reus
What are
1. Status relationships
2. Contracts
3. Voluntary choice-> so secluding others
4. Good Samaritan statutes
5. One who creates the risk of the harm
When deciphering if an offense is a specific intent offense courts look to these 3 elements in statutory language
1. punishes a future act
2. knowledge of attendant circumstances
3. requires special motive or purpose
What are 3 examples of superseding ntervening causes when not forseeablee
1. an act of God: some act that cannot be traced back to any human
2. Acts of independent 3rd Party
Act/Omission of the victim which assists in the bringing about the outcome
Define the elements/ considerations of (a) voulantary and (b) involuntary manslaughter and explain their differences
What is
(a)Voluntary manslaughter occurs when actor kills as a result of heat of passion that adequately provokes the actor who has no reasonable time to cool.
(b)Involuntary manslaughter does not require intent to kill, deaths that occur during not inherently dangerous felonies, or deaths that occur during the commission of a misdemeanor, death resulting.
Differences:Voluntary manslaughter is an intentional killing and involuntary is not. Voluntary manslaughter requires adequate provocation and a sudden heat of passion, where as involuntary manslaughter just requires a sense of recklessness while committing other crimes
What are the 7 factors used when imposing sentencing
1.Protect society
2. Punish defendant for committing crime
3. encourage the defendant to lead a law abiding life
4. Deter others
5. Isolate Defendant so they can't commit other crimes
6. Secure resolution for victim
7. Seek uniformity in sentencing