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Criminal Law ch 3/4

Criminal Law Final

Criminal Liability conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or pubic interst
Elements of Criminal Liability 1. Actus Reus 2. Mens Rea 3. Concurrence (connecting or triggering) and sometimes.. 4. Attendant Circumstances 5. Causation (bad result)
Conduct Crimes require a criminal act triggered by criminal intent; a criminal act triggered by mens rea
Result Crimes require additional elements of Causation and Bad Result (ex. homicide)
Criminal Conduct a criminal act that is a voluntary bodily movement; actus reus + mens rea+ concurrence (the criminal intent has to trigger the criminal act); a mental attitude that turns into action
Actus Reus the criminal act- must be voluntary criminal act (it is the physical element of criminal liability) Criminal Law demands criminal conduct- a mental attitude that turns into action
One-Voluntary-Act-Is-Enough Rule it is not necessary that every act up to the moment of the crime is completed be voluntary... one voluntary act is enough.
Criminal Omission 1. Failure to report OR 2. failure to intervene someone can be charged only when there is a LEGAL DUTY to do so (criminal omission can satisfy the voluntary act requirement)
Legal Duties of Criminal Omission 1. status 2.Contracts 3. special relationships
Actual Possession physical control of an Item actually on the person
Constructive Possession item not actually on the person, but still in a place that is under the control of the person
Knowing Possession person in possession is aware of the item they are possessing
Mere Possession person in possession is NOT aware of the item in their possession
Possession not an action; it is a passive condition; people charged w/ possession have acquired possession by the voluntary act of acquisition
Mens Rea the mental element of criminal liability; state of mind/ criminal intent; the state of mind that is the foundation of Fault
Subjective Fault (mens rea) requires a "bad mind" in the actor
Objective Fault (mens rea) requires no purposeful of conscious "bad mind" in the actor- BUT the normal, reasonable person would
Strict Liability(mens rea) criminal liability without intent (act itself is criminal; does not require a quality state of mind) Liability without fault-based on voluntary action alone.
Criminal Intent the intent to commit the criminal act as defined in the statute
Specific Intent linked to subjective fault.. a bad mind or will that triggers the act; AKA General Intent Plus; general intent in the intent to commit the actus reus-- plus refers to some "special mental element"in addition to the intent to commit the criminal act
Purposely (mens rea) a person acts purposely when it is his conscious object to engage in the conduct or to cause such a specific result
Knowingly . KEY is awareness- knowingly means that you are aware that your conduct will cause the bad result
Recklessly Reckless people know they're are creating risks of harm but they don't intend (or expect) to cause harm
Negligently a person acts negligently when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The test is OBJECTIVE: would a normal, reasonable person be aware of the risk?
Created by: 763668857