Criminal Law Final
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Criminal Liability | conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or pubic interst
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Elements of Criminal Liability | 1. Actus Reus
2. Mens Rea
3. Concurrence (connecting or triggering)
and sometimes..
4. Attendant Circumstances
5. Causation (bad result)
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Conduct Crimes | require a criminal act triggered by criminal intent; a criminal act triggered by mens rea
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Result Crimes | require additional elements of Causation and Bad Result (ex. homicide)
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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
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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
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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.
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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)
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Legal Duties of Criminal Omission | 1. status 2.Contracts 3. special relationships
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Actual Possession | physical control of an Item actually on the person
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Constructive Possession | item not actually on the person, but still in a place that is under the control of the person
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Knowing Possession | person in possession is aware of the item they are possessing
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Mere Possession | person in possession is NOT aware of the item in their possession
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Possession | not an action; it is a passive condition; people charged w/ possession have acquired possession by the voluntary act of acquisition
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Mens Rea | the mental element of criminal liability; state of mind/ criminal intent; the state of mind that is the foundation of Fault
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Subjective Fault (mens rea) | requires a "bad mind" in the actor
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Objective Fault (mens rea) | requires no purposeful of conscious "bad mind" in the actor- BUT the normal, reasonable person would
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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.
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Criminal Intent | the intent to commit the criminal act as defined in the statute
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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
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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
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Knowingly | . KEY is awareness- knowingly means that you are aware that your conduct will cause the bad result
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Recklessly | Reckless people know they're are creating risks of harm but they don't intend (or expect) to cause harm
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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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