Mens Rea/Actus Reus/ Types of Crimes Flashcards
What is Actus Reus
An actus reus is a voluntary or affirmative action (or where appropriate a failure to act) which causes a criminally proscribed result
What is Mens Rea
A Mens Rea is a legally proscribed mental state
What crimes are considered at common law to be “specific intent” crimes?
The specific intent crimes are FIAT crimes:
First Degree Murder
Inchoate Crimes (conspiracy, attempt, solicitation)
Attempt
Theft Offenses (Larceny, Robbery, Burglary…etc.)
What crimes are considered at common law to be “malice crimes”?
Common law Murder & Arson
What mens rea is required for commission of a malice crime?
In order to be found guilty of a malice crime, one must act with a reckless disregard of a high risk of harm.
What mens rea is required for commission of a general intent crime?
General intent crimes require only the intent to perform an act that is unlawful
What is the doctrine of transferred intent in criminal law?
Transferred intent occurs when a defendant acts with intent to cause harm to one person or object and that act directly results in harm to another person or object
When will an unreasonable mistake of fact operate as a defense?
An unreasonable mistake of fact only operates as a defense to specific intent crimes. Even an unreasonable mistake of fact can negate the intent required for the proper mens rea.
What is a “principal”?
A principal is the person whose acts or omissions are the actus reus of the crime.
What is an “accomplice”?
An accomplice is a person who with intent that the crime be committed, aids or abets a principal prior to or during the commission of the crime
What is the difference between an accessory before the fact and a principal in the second degree?
A principal in the second degree is physically or constructively present during the commission of the crime, an accessory before the fact is not.
Who cannot be an accomplice despite their participation in the criminal act?
A person who is a member of the class protected by a statute where the crime requires two parties.
(I.e. the buyer of drugs is not liable for distribution of drugs, an underage person is not an accomplice to statutory rape.)
May an accomplice be convicted of a crime if the principal is not?
At common law - No. In most jurisdictions with modern statutes - Yes.
What is the Model Penal Code approach to the insanity defense?
The MPC combines the M’Naghten and Irresistible Impulse approaches: At the time of the conduct, the defendant lacked substantial capacity to appreciate wrongfulness of act or conform conduct to law as a result of mental disease or defect.
