Lecture 2 - Mental States, Mistake, Causation

Question 1

An act is criminal only if ___

Answer 1

it is committed with a culpable mental state

Question 2

Is motive and mens rea the same ting?

Answer 2

No

Question 3

Under common law, serious offences (murder) require that the convicted acted with ___

Answer 3

Malice

Question 4

What are the 4 mental states as defined by the MPC?

Answer 4

1. Acting purposely
2. Acting knowingly
3. Acting recklessly
4. Acting negligently

Question 5

What is the general common law definition for the mens rea of murder?

Answer 5

“killing performed with malice aforethought”

Question 6

In the evolution of the court, what is the common law distinction between express and implied malice? Give examples

Answer 6

Express Malice: murder with a deliberate intent to bring about the victim’s death
Ex. Shooting someone in the head

Implied Malice: an indifference to a result that was brought about by a level of carelessness so severe that it demonstrated the accused’s malice
Ex. Death by a horrific and avoidable accident

Question 7

Under the MPC what is the definition of ACTING PURPOSFULLY?

Answer 7

1. If the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to to cause such a result, and;
2. If the element involves the attendant circumstances, he is aware of the existence of such circumstances or he belies or hopes they exist

Question 8

What is another way to articulate MPC acting purposefully?

Answer 8

That their action was the result of a LUCID DECISION

Question 9

Under the MPC, what constitutes ACTING KNOWINGLY?

Answer 9

1. If the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist, and;
2. If the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result

Question 10

What mental state can be equated to acting knowingly?

Answer 10

Wilfull blindness

Question 11

In the MPC what defines Recklessness? Give an example

Answer 11

the accused’s awareness of the possibility that their behaviour will cause a prohibited result
Crimes of recklessness penalize people for their risk-taking behaviour
Ex. Involuntary manslaughter

Question 12

According to the MPC, a reckless person___

Answer 12

consciously disregards a substantial and unjustifiable risk

Question 13

In the MPC, what differentiates reckless and negligent conduct?

Answer 13

The risk is still the same, but while the reckless person is aware of the risk and disregards it, the negligent person is oblivious to the existence of the risk

Question 14

Give an example of negligent conduct

Answer 14

A parent leaving their infant in a hot car

Question 15

Alex takes a deep breath and shoots jimmy in the head. Alex has acted___

Answer 15

Purposefully

Question 16

Devin enters into a crowded theatre and yells “fire!” causing a stampede. Deven has acted___

Answer 16

Knowingly

Question 17

Johnny, driving a brand new Ferrari down the interstate, decided to open up the throttle, and fails to make a turn he sees up ahead. Johnny has acted ___

Answer 17

Recklessly

Question 18

Jared is drunk after hosting a party, and passes out during his shift as a lifeguard. Jared has acted ___ and also has demonstrated a ___.

Answer 18

negligently, legal omission

Question 19

What are the 2 types of recognized mistake?

Answer 19

Mistakes of Fact, Mistakes of Law

Question 20

What is a mistake of Fact?

Answer 20

An issue that undermines proof of either the mens rea or actus resu

Question 21

What is the MPC definition of a mistake of fact?

Answer 21

“a defence if and only if it negates the required mental element of the offence (purpose, knowledge, recklessness, negligence)”

Question 22

Is ignorance of the law a mistake of law? Common law vs MPC?

Answer 22

Common Law: Ignorance is no defence.

MPC: If and only if knowledge of the law is an integral component of committing the crime. (Ex. tax evaders must be aware that they are committing evasion)

Question 23

What will enable a knowing offender to claim a defence of a mistake of law?

Answer 23

If they committed the offence under the sincere belief that they were acting with authorization from a law enforcement official (People v. Weiss, Lindbergh baby case)

Question 24

What is the 2 step process to determine if someone should be liable for a result that constitutes a crime? (Causation)

Answer 24

1. Establish whether there is any casual connection (a “but-for” cause, cause-in-fact, or actual cause)
2. Then ask whether the above connection is sufficiently close to hold the defendant responsible for the resulting harm (proximate cause or legal cause)

Question 25

What is the "but-for" test?

Answer 25

Court asks whether the result would have occured “but-for” the actions of the defendant

Question 26

What circumstance would defeat the but-for test?

Answer 26

If the plight of the victim would have occurred regardless of the actions of the accused

Question 27

If the "but-for" test fails due to the circumstance (ex. a bar fight kills someone and it is unknown who threw the fetal punch) what takes over?

Answer 27

The "substantial factor" test, which asks of the actions of the accused substantially affected the outcome. Ex. A person who shoots someone as they are falling to their death would still be liable as they accelerated the death

Question 28

If the consequence of a person's actions are ____ then it would be held that the person is a proximate cause of the event, regardless f the length of time between action and consequence.

Answer 28

Reasonably forseeable

Question 29

To prove causation (as demonstrated in Oxendine v. State) there must be BRD proof that the accused ___

Answer 29

directly caused or hastened the consequence

Question 30

Common law and MPC both hold that ___ constitutes knowledge

Answer 30

willful blindness

Question 31

What is the common law definition for a mistake of fact?

Answer 31

A mistake of fact is a defence to a specific intent crime if it negates the specific mens rea, whether the mistake is reasonable or unreasonable. Even aa unreasonable mistake made in good faith operates as a defence if it negates a required men rea

Question 32

The common law holds that a mistake of fact is a defence to a general intent crime only if ___

Answer 32

the mistake was reasaonble

Question 33

A mistake of fact is never a defence against___

Answer 33

strict liability crimes

Question 34

Does the MPC distinguish between specific and general intent crimes?

Answer 34

No

Question 35

Under Common Law, what is required for a person to be liable for a homicde?

Answer 35

The accused must be the proximately legal cause. That they reasaaonbly foresaw the possible consequence when they acted.

Question 36

What breaks the chain of causation?

Answer 36

Unforseeable events

Question 37

Billy throws a ball to Mandy who follows the ball under a tree that is struck by lightning, and also kills Mandy. Is Billy liable?

Answer 37

Only if he reasonably foresaw (ex saw stormcluds, and was aware of the risk that that tree would be struck by lightning)

Question 38

If an intervening cause is ___ it will not break the chain of causation because ___. If an intervening cause is ___ it will break the chain of causation because ____.

Answer 38

Responsive. Because it was an act that occurred as a foreseeable consequence of the initial action. Coincidental. Because it could not be foreseen by the initial actor.