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Criminal Law ch 3/4
Criminal Law Final
| Term | Definition |
|---|---|
| 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? |
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