General Principles Flashcards
(15 cards)
What are common law felonies?
burglary arson rape larceny murder manslaughter mayhem
What is the void for vagueness doctrine?
- Under DPC of the 5th & 14th amendment, people must be on notice that certain conduct is prohibited
- statutes must be fair and consistent in their enforcement and must not be arbitrarily enforced
What are the elements of a crime?
1-actus reus
2- mens rea
3- concurrence in time
4- causation (actual cause + proximate cause)
Willfully encompasses…
Purpose & Intent
Recklessly encompasses…
gross deviation from the standard of conduct that a law-abiding citizen
Specific Intent encompassess
1- purpose to achieve a result
2- substantial certainty that a result will occur
General Intent encompasses…
- the criminal act itself is committed voluntarily and purposefully
2- can be satisfied by negligence or recklessness
3- generally a catch-all
When can malice be found?
- When D acts intentionally
2. When D acts w/ reckless disregard of an obvious or known risk
Specific Intent Crimes…
attempt solicitation conspiracy larceny larceny by trick false pretenses embezzlement forgery burglary assault robbery intent-to-kill murder voluntary manslaughter
General Intent Crimes…
battery rape kidnapping false imprisonment involuntary manslaughter depraved-heart murder
Malicious Crimes…
arson
common law murder
Strict Liability Crimes….
regulatory offenses public welfare offenses selling liquor to minors statutory rape bigamy
The causation element of a crime can be satisfied by…
- but for cause
2. substantial factor of the result
The proximate cause of a crime requires…
- the resulting harm bust be w/in the risk created by the D’s conduct in crimes involving negligence or recklessness.
***foreseeability is key
When are Intervening Causes superseding?
- a dependent intervening cause is superseding only when it is a totally abnormal response to the D’s act
- an independent intervening cause will normally supersede the D’s act except when the it was foreseeable
