OMISSIONS & LEGAL DUTY
General rule: failure to act is not criminal unless there is this.
What is a legal duty to act?
A crime’s external component can include conduct, causation, and this harmful outcome (“result”).
What is the social harm/result?
This Latin maxim captures the idea that an act alone doesn’t make someone guilty without a guilty mind.
What is “Actus non facit reum nisi mens sit rea”?
At common law, mistake of fact in this type of crime must be reasonable to excuse.
What is a general-intent crime?
Manslaughter is unlawful killing without this mental state traditionally associated with murder.
What is malice aforethought?
One of the 5 duty sources: a duty created by a parent-child or spouse relationship.
What is a status relationship?
Criminal liability generally requires this: a willed movement (not a reflex, spasm, or convulsion).
What is a voluntary act (volition)?
mens rea is justified by both this “desert/blame” theory and deterrence/efficiency theory.
What are retributivism and utilitarianism?
Explain the "Moral Wrong" doctrine and how it impacts a mistake of fact defense.
Under this doctrine, if a defendant’s conduct—as they believed the facts to be—is still immoral or a "moral wrong," they are not excused by their mistake of fact. The intentional commission of an immoral act supplies the necessary blameworthiness to justify a conviction even if the actor's mistake regarding the legality of the specific act was reasonable
Voluntary manslaughter “heat of passion” requires sudden intense passion, adequate provocation, and this timing requirement.
What is no reasonable cooling-off time?
One of the 5 duty sources: when you “take charge” of a helpless person and block others from helping.
What is voluntary assumption of care + secluding/preventing aid?
“Conduct includes a voluntary act” means liability can still exist if an earlier voluntary choice set up a later involuntary moment.
What is the MPC “inclusion” rule?
Ostrich” doctrine: deliberately avoiding the truth so you can claim you didn’t know.
What is willful blindness?
At common law, mistake of fact in this type of crime can be honest even if unreasonable (if it negates the required intent).
What is a specific-intent crime?
Modern alternative to rigid “heat of passion”: broader mitigation standard used by NY/MPC with a subjective-objective reasonableness view.
What is Extreme Emotional Disturbance (EED)?
One of the 5 duty sources: when your conduct creates the risk of harm—even innocently or negligently
What is creating the risk?
This can count as an “act” if someone knowingly procured/received it or had time to terminate control of it
What is possession?
Under the MPC, “knowledge” can be shown by awareness of a high probability of a fact’s existence (unless you actually believe it doesn’t exist).
What is the MPC “high probability” standard for knowledge?
Doctrine: even a reasonable mistake may not excuse if the defendant intended an immoral act anyway.
What is the moral wrong doctrine?
In involuntary manslaughter, prosecution must prove this causation test; notes also mention liability if the act hastened death.
What is but-for causation (and acceleration theory)?
These are conditions that must exist alongside conduct/result (like “intoxicated” in DUI).
What are attendant circumstances?
The Constitution bars punishing this (e.g., “being” an addict), but allows punishing acts tied to it
What is status?
Scholars criticize strict liability as inefficacious, unjust, diluting moral force, and often due to careless drafting (plus civil/regulatory alternatives).
What are the main critiques of strict liability?
mistake is a defense if it negates the required mental state for an element.
What is MPC § 2.04(1)?
Felony-murder limitation test asking whether the felony is dangerous “in the abstract” versus under the “facts-of-the-case.”
What are the “in the abstract” test and the “facts-of-the-case” test?