Criminal Liability
Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interest.
Is there criminal conduct? Is the conduct justified? Is the conduct excused?
Questions that must be answered to determine whether criminal conduct qualifies for punishment
At a minimum all crimes must include a criminal _____
Act
Voluntary Criminal act
The _____ is the first principle of criminal liability because there must be an act for a crime to have occurred.
Never
Mere thoughts can ______ be crimes
The five building blocks or elements of a crime that the prosecution must prove beyond a reasonable doubt
Criminal act, Criminal intent, concurrence, attendant circumstances and bad result or criminal harm
Voluntary
Don't confuse criminal acts with criminal conduct, acts are _____ bodily movements
Actus Reus
A guilty act that is conscious and voluntary
Mens Rea
guilty mind (Intent) Defendant must have the specific intent to commit that crime
Concurrence
Defendant must have both a guilty act and guilty mind at the time he committed the crime
Attendant circumstances or causation
Condition of defendant
Bad result/harm done or resulting injury
What happened
General Intent crimes
No specific intent needed to commit a crime; intent can be inferred from defendants conduct; intent is satisfied by purposeful, knowing, willful, won-ton or reckless conduct
Purposefully
Defendant acts with conscious objective to engage in a certain conduct or cause a certain result
Knowingly
(Awareness of certainty) Defendant acts with knowledge or awareness that the result is practically certain to occur. Such as car theft
Recklessness
(Disregard for a risk) Defendant knows subjective awareness there is a substantial and unjustifiable risk of harm that will result. Such as excessive speed
Criminal Negligence
A gross deviation from "tort" standard of care, that an ordinary prudent person would commit in a similar circumstances.
Strict liability crimes
Defendant's state of mind has no effect; Crimes where the defendants mental state is immaterial. Defendant's conviction will rest soley on the fact that he has committed the prohibited act.
Conduct; Liability
There might be criminal _______ without criminal liability; however, there is never criminal _______ without criminal conduct.
Manifest criminality
The need that mental attitudes have to turn into deeds for a crime to be committed. Leaves no doubt about the nature of the act. "caught red handed
Willed
A voluntary act is a ______ action or movement.
Actus reus
Only voluntary acts qualify as _______ .
The reasons only voluntary acts qualify as criminal acts
Criminal law punishes people; we can only punish people we can blame; we can only blame people who are responsible for their acts; people are responsible only for their voluntary acts.
Fault-based defenses and Affirmative defenses
Two types of defenses that examples of involuntary acts can bring about
Fault-based defenses
Examples include sleepwalking and epileptic seizure
Affirmative defenses
Examples include insanity and diminished capacity
Status
The character or condition of a person or thing.
Two
Status can arise in ____ ways. Prior voluntary acts such as intoxication and on drugs or from no act at all such as sex, age, sexual orientation, race or ethnicity.
The failure to report and the failure to intervene
Two types of criminal ommissions
Good Samaritan doctrine and American Bystander rule
The two approaches to define legal duty to rescue strangers or call for help
Good Samaritan doctrine
Imposes a legal duty to help or call for assistance
American Bystander rule
No legal duty to rescue or summon help for someone who's in danger
Possession
_______ is not an act, it is a passive condition.
Most common possession crimes
Possession of weapons, illegal drugs, and drug paraphernalia
Actual and Constructive
Two types of possession
Actual Possession
Possession involving physical control/on my person
Constructive Possession
Possession involving items not on my person but places I control
Knowing
______ is being aware of what you possess.
Mere
______ is not knowing what you possess.
Criminal Act
Actus Reus
Criminal Intent
Mens Rea
Legal Duty
A duty created by a statute, contract, or special relationship, and enforceable by law.
Legal fiction
Pretending something is a fact when it's not