Initial Outline - General Principles Flashcards
(15 cards)
When is a failure to act when a duty exist an actus reus?
- Imposed by statute
- Contract
- Special relationship
- Detrimental undertaking
- Causation
What are mens rea under common law?
- Specific intent
- Malice
- General intent
What are specific intent crimes?
Defendant has (1) subjective desire, (2) specific objective, OR (3) knowledge to accomplish prohibited RESULT (FIAT)
What are malice crimes?
- Reckless disregard of high risk of harm
- Requires only criminal act
- Intent can be inferred
What are the requirements and levels of intent required of general intent crimes?
- Require intent to perform unlawful ACT (distinguish from RESULT intended in specific intent crimes)
- Intent = purposely, knowingly, recklessly, or negligently
What are mens reas under the MPC?
- Purposely - cause certain result
- Knowingly / Willfully - result practically certain
- Recklessly - conscious disregard for substantial + unjustifiable risk
- Negligently - should have awareness of substantial + unjustifiable risk
When is vicarious liability generally imposed?
Usually only for regulatory crimes, punishment limited to regulatory fines
What is causation in criminal law?
- Mens rea cause actus reus
2. Act cause unlawful result
When is mistake a defense?
- Mistake of fact - honest mistake
2. Mistake of law - only if relied on officials + negates required mens rea
What is an accessory before the fact?
An accomplice who (1) neither physically OR (2) constructively present BUT (3) possess requisite intent
What is an accessory before the fact liable for?
All crimes that are the natural and probable consequence of the accomplice’s conduct
What is an accessory after the fact liable for?
- Aids / assist felony avoid apprehension / conviction
- Knows felony was committed
- Only liable for separate crime of obstructing justice, etc.
What are two ways to limit responsibility for the crime?
- Insanity
2. Intoxication
What are elements of insanity?
- M’Naghten - didn’t know (1) nature of act, OR (2) wrongfulness of act b/c of mental disease
- Irresistable Impulse - lack self control b/c of mental disease / defect
- MPC - lack metnal capacity appreciate wrongfulness / conform to law b/c of mental disease / defect
When is intoxication a defense to a crime?
- Voluntary - defense if prevents formation of mental state needed for specific intent
- Involuntary - negates specific intent, general intent or malice
