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28 Cards in this Set
- Front
- Back
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Crimes of Criminal Conduct |
1. Act 2. Intent 3. Concurrence |
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Criminal Conduct+ Cause & Harm |
4. Causation 5. Resulting Harm |
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Actus Reus (1. Purpose) |
1. Helps prove intent (evil mindedness) 2. Applies crim law sanctions only to actual danger 3. Protects priv. inds. |
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Actus Reus (2. Requirement of Act) |
1. Bodily movements 2. Willed action- choice 3. Exclusions based on lack of will: disease, status, physical characteristics 4. Thoughts- Not punishable- difference between "would like to, want to, will do, and am doing" |
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Actus Reus (3. Voluntariness) |
1. Criminal Law sanctions of actions based on : Free will and voluntary 2. Automatism- unconscious act = involuntary but if known but still do it = act |
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King vs Cogdon |
Pat killed in her sleep by mom killing her while in sleep. It wasn't voluntary, she was unconscious |
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Actus Reus (4. Words) |
Verbal acts can = actus reus |
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Actus Reus (5. Omissions) |
Mere failure to act- child neglect, taxes Failure to intervene- child abuse reporters |
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Legal duty |
required for a failure to act to be considered a criminal act -Failure to do moral duty in absence of legal duty is NOT a criminal act |
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Actus Reus (6. Possession) |
1. Actual - physical possession 2. Constructive: -conscious of contraband - In position to exercise dominion & control - Personally or thru others |
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Mens Rea |
Criminal law has always required some kind of mental blameworthiness |
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Mens Rea (General Intent) |
Intent to do act that = crime |
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Mens Rea (Specific Intent) |
Intent to do something beyond the required act. PURPOSE BEHIND THE ACTION. DESIRED ACT |
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Mens Rea (Transferred Intent) |
Intent to harm 1 person and harm 2nd instead. Double trouble, no free pass "bad aim doctrine" |
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Mens Rea (Constructive Intent) Subjective-Recklessness |
Consciously creating a risk- acting despite a known danger. More serious |
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Mens Rea (Constructive Intent) Objective - Negligence |
Nonconscience risk taking- should have realized danger of action but didn't. Less serious. |
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MPC (Model Penal Code Levels of Intent) |
1. Purposely 2. Knowlingly 3. Recklessly 4. Negligently |
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Strict Liabilty |
1. Eliminates mens rea req. (Liab. w/o fault) |
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Vicarious Liabiliy |
eleminates the act required liability based on relationship of actor and defendant |
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Concurrence |
Mens Rea must set criminal act into motion Result required must be concurret w/ act and mind Harm differing in degree satisfies requirement ***most crimes just need 3 components while special crimes need 5 |
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Causation |
Relationship between concurrence of mind and act and result |
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Factual cause |
"But For" cause - Sine Qua Non (Act sets into motion events) leading to harm- w/o which no harm would have occurred |
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Legal Cause |
Assigning Legal blame |
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Proximate Cause |
Connection of act and mind to harm |
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Intervening Cause |
Significant interruption in cause. Disrupted the action of act and harm |
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Mistakes (Mistake) |
Believing facts or the law are one thing when they're really another |
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Mistakes (fact) |
Belief in wrong "facts" that negates an element of a crime |
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Mistakes (Law) |
Not knowing an act was a crime is NOT a defense. Law we are presumed to know it. But some laws, estoppel. |
