Elements of crime
What are the four basic elements of most crimes?
Actus reus, mens rea, circumstances, result
Did it on purpose.
Purposely
What issue was central in Mochan (obscene phone calls)?
Who defines crime
What does criminalization refer to?
Legislative choices about what conduct is criminal
Which element refers to the physical act?
Actus Reus
Aware that it will happen
Knowingly
What did Morissette (bomb casings) say about intent?
Intent is required unless statute clearly says otherwise
What does enforcement refer to?
Police/prosecutor decisions about whom to investigate/charge
Which element requires proving the defendant caused harm?
Result
Ignored a major risk
Recklessly
What rule did Yates apply when a statute was unclear?
Rule of Lenity
What type of system does the U.S. have?
Adversarial
What is the term for a crime requiring no intent?
Strict liability
Should have known better.
Negligently
Why is selective prosecution hard to prove (Armstrong)?
Must show similarly situated people of another race weren’t prosecuted
What is the burden of proof in criminal cases?
Beyond a reasonable doubt
Name one situation where an omission is criminal.
When a legal duty exists (statute or contract)
Give an example of reckless conduct.
Some examples: Street racing, texting while driving, driving under the influence, fleeing from police, discharging a firearm in a crowded area, firing a gun out a window, throwing rocks, bricks, or debris from a highway overpass onto traffic below....
Why was the ordinance in Morales (anti-gang loitering) unconstitutional?
Vagueness + excessive police discretion
What is substantive law?
Defines rights, elements, crimes, defenses etc