Flashcards in Crim Law: Elements of a Crime Deck (22)
Actus Reus (AR)
1. Physical or external component
2. Voluntary Act
3. Omission which violates a legal duty
a. Generally no legal duty
b. Legal duty may arise from:
4. Assumption of Care
5. Creation of Peril.
Physical or external component
1. prohibited conduct,
2. prohibited result
3. attendant circumstances
Wickham is drowning. Stranger stands by. Legal duty?
NO-- not brothers keeper.
Wickham is drowning. Lifegaurd stands by. Legal duty?
Wickham is drowning. Stranger leaps in to save, others don't because he did. Stranger changes his mind at last moment and swims back to shore. Legal duty?
1. assumption of care
2. creation of peril
Mens Rea (MR)
Mental or internal component of crime.
CL: Specific Intent (purpose), Malice (greater than gross recklessness), General Intent (greater than gross negligence), Strict liability
MPC: Purpose, knowledge, recklessness, negligence
Specific Intent (Purpose)
1. First Degree Murder
3. Inchoate offenses (solicitation, attempt, conspiracy)
4. Property related offenses (larceny, embezz, false pretenses, robbery, burglary, forgery, etc)
Malice (>/ Recklessness (gross))
3. Malicious Mischief
General Intent (>/ negligence (gross))
4. CATCH-ALL -- default
Strict Liability (No MR)
1. Statutory Rape
2. Public health and safety regulations (traffic, health, and sanitation codes)
Model Penal Code: Purpose
ex. blowing up plane to kill spouse
ex. aware others on plane will die
Gross Deviation from norm in consciously disregarding substantial and unjustifiable risk
ex. texting while driving
Gross Deviation from norm in failing to perceive substantial and unjustifiable risk
Ex. Teenager Texting while driving.
RULE: Intent ot harm to particular individual or object transfers if instead causes SIMILAR harm to another person or object.
Emma shoots Knightly with intent to kill. Misses him, hit and kills Mr. Woodhouse instead. Is there transferred intent? and What are the charges by each party?
Yes there is transferred intent.
K: Attempted murder
Emma shoots Knightley with intent to kill. Misses him and wounds Mr. Woodhouse instead. Is there transferred intent? What are charges?
No transferred intent.
K: Attempted murder
W. Aggravated battery
Emma shots Knightley with intent to kill. Goes through his body, killling him and then Mr. Woodhouse. TI? Charges?
W. Manslaughter to murder --depending on her mental state.
Concurrence of AR and MR
RULE: MR for offense must exist SIMULTANEOUSLY with commission of offense.
Harriet plits to kill Frank during hunting by shooting him. She does so. Is this first degree murder?
Yes, she planned and carried out simultaneously with that intent.