criminal law principles Flashcards
(21 cards)
actus reus
the act required to commit a given crime; D must perform a voluntary physical act
omission as actus reus
a failure to act can constitute actus reus if:
1) D had a specific legal duty to act
2) D had knowledge of facts giving rise to the duty and
3) it was reasonably possible for D to perform the duty
mens rea
mental element required at the time a crime was committed
forms of mens rea
1) specific intent
2) general intent
3) malice
purposely
a person acts purposely when his conscious objective is to engage in certain conduct or cause a certain result
knowingly
a person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result
recklessly
a person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregards it
negligence
a person acts negligently when he fails to become aware of a substantial and unjustifiable risk
general intent crimes
1) battery
2) rape
3) kidnapping
4) false imprisonment
specific intent crimes
1) attempt
2) larceny and robbery
3) forgery
4) false pretenses
5) embezzlement
6) conspiracy
7) assault
8) burglary
9) first degree murder
10) solicitation
malice crimes
1) common law murder
2) arson
strict liability crimes
1) statutory rape
2) regulatory crimes
3) administrative crimes
4) morality crimes
concurrence requirement
D’s criminal act and the requisite intent for the crime must occur simultaneously
causation requirement
D’s conduct must be both the cause-in-fact and the proximate cause of the crime committed
cause-in-fact
but for D’s conduct, the result would not have occurred
proximate cause
the actual result is the natural and probable consequence of D’s conduct, even if it did not occur exactly as expected
transferred intent doctrine
D may be held liable if he intends the harm caused, but causes it to a different victim or object than intended
effect of transferred intent doctrine
D is usually charged with two crimes:
1) attempt
2) actual resulting crime
requirements of accomplice liability
to be liable as an accomplice, one must
1) aid, counsel, or encourage principal before or during the crime
2) with the intent to assist the principal; and that the principal commit the crime
accomplice withdrawal
accomplice can avoid liability if they
1) repudiate prior aid or encouragement
2) do all that is possible to counteract the prior aid and
3) do so before the chain of events is in motion and unstoppable
accessory after the fact
helping a known felon escape arrest, trial, or conviction; gives rise to separate, lesser charge of obstruction of justice
