Midterm Flashcards
(34 cards)
Outer Checklist
- Elements
- Voluntary Act
- Social Harm
- Actual Causation
- Proximate Causation
- Mens Rea
- Murder/Voluntary Manslaughter
- Involuntary Manslaughter
- Legality
Elements of a crime-start of checklist
- Voluntary act or omission 2. A social Harm 3. Actual Causaton and 4 Proximate Causation 5. Mens Rea - A morally culpable state of mind
Voluntary Act-Inner checklist
Voluntary Act
- Definition
- 1 act
- MPC examples
- Words
- Failing to act
- Awareness of Facts
Voluntary Act-Definition
Under Common Law, a voluntary act is a is a willed muscular contraction or bodily movement by the actor. An act is “willed” if controlled by the mind of the actor.
Voluntary Act-1 act
Just need a voluntary act. Not all aspects have to be voluntary
Voluntary Act-MPC examples
MPC provides examples of involuntary acts:
- Reflexes/convulsions
- Conduct relating to hypnosis
- Conduct when someone is unconscious/asleep
- Not a product of effort or determination
Voluntary Act-Words
Cannot be mere words or thoughts
Voluntary Act-Failing to act
Ordinarily, a person is not guilty of a crime for failing to act. But has a duty to act if
- Statute tell s you
- Assumes the care adn subsequent omission would put V in worse position
- They created risk of harm
- Duty by contract
- Status relationship ((parent/child, teacher/student, employer/employee, wife to husband)
Voluntary Act-Awareness of facts
Has to be aware to of the facts that give rise to that duty 2. Has to be reasonable to perform
Social Harm- Inner Checklist
Social Harm Defined by Statute
Social Harm-Defined by Statute
Social harm Is defined by the statute. Voluntary act + Social harm = Actus Reus.
Actual Causation-Inner checklist
Actual Causation
But for test
Substantial factor
Actual Causation-But for Test
Need to show that P’s actions were the actual cause of the harm. Use of But for test
Actual Causation-Substantial Factor
Multiple Actors Need to show that D’s conduct was a substantial factor in the resulting crime.
Proximate Causation-Inner Checklist
Proximate causation
6 common law factors
Too remote
Proximate Causation- 6 common law factors
- Contributory negligence of the victim is not a defense
- Minor deminimis causes are ignored by the law
- Omissions are never sluperceding or intervening
- ANy intendent consequende of an act is proximate
- Apparent safety doctrine-he “apparent safety” doctrine says that once the danger from the defendant is no longer present, we no longer consider that defendant a proximate cause
- . A D is not proximate cause if a free, deliberate, informed human act intervenes
Proximate Causation - Too Remote
MPC says that act cannot be too remote or accidental to the resulting harm.
Mens Rea-Inner Checklist
Mens Rea
Symbolizes
general /specific
General
4 states of minds MPC
Specific/elemental
Strict liability
Mens Rea-Symbolizes
The term mens rea symbolizes the requirement that that there be a culpable state of mind
Mens Rea-general /specific
The common law distinguishes between “general intent” and “specific intent” crime
Mens Rea-General
General Intent-Sometimes, such an offense will have no explicit mens rea term in the definition of the offense; it is enough that the defendant committed the actus reus with any culpable state of mind.
Mens Rea-4 states of minds MPC
MPC identifies 4 states of minds
- Purposely - Purposeful behavior occurs when the actor desires the result
- Knowingly- Does not desire the result, but aware that the results will be practically certain to occur.
- Recklessly- disregards a substantial and unjustifiable risk of harm. Gross deviation from a normal person
- Negligently- Aware of a a substantial and unjustifiable risk of harm. Gross deviation from a normal person
Mens Rea-Specific/elemental
Specific intent-must meet the specific element of intent
Mens Rea-Strict liability
Strict liability- No need for Mens rea element
