Criminal Intent

Front 1

Four basic elements of a Crime:

Back 1

1. A voluntary act (Actus Reus)
2. A Culpable intent (Mens Rea)
3. Concurrence between the mens rea and the actus reus
4. Causation of harm

Front 2

Actus Reus: Significance of concept: The D must have committed a voluntary act. No guilty if:

Back 2

1. D has not committed act, only thoughts, words, state of possession or statue.
2. D does not involuntary act
3. D has an omission or failure to act

Front 3

Actus Reus: Thoughts, words, possession and statue:

Back 3

1. Mere thoughts are never punishable as crimes
2. Conscious possession may be a crime (narcotics).

Front 4

Actus Reus: Act must be voluntary:

Back 4

1. Reflex
2. Unconscious (Rare)
3. Hypnosis: Courts are split
4. Self-induced state: in all cases an earlier voluntary act may deprive D of the defense of in voluntary. Ex. If a seizure patient know of his condition and drives he could render his right to involuntary.

Front 5

Actus Reus: Ommission

Back 5

D sees V drowning and does not have to help (unless family, child abuse, and contract etc. or D caused danger undertakes or makes it worse).

Front 6

Crimes requiring general intent

Back 6

D must be proven that D desired to commit the act which served as actus reus.

Front 7

Crimes requiring specific inten

Back 7

or special intent D in addition to bring about actus reus also inteded something further (attempted murder cases).

Front 8

Purposely

Back 8

Several codes state “purposely” or “intentionally.”

Front 9

Knowingly

Back 9

D does not desire a particular result, but is aware that the conduct or result is certain to follow. Biggest difference between purposely is D’s awareness of the consequences of his act.

Front 10

Factors that legislation intended strict liability:

Back 10

1.) Violation is in nature of neglect or inaction, rather than positiv aggression.
2.) The state has regulatory flavor
3.) There is no danger or damage but the risk of such, that the statue is attempting to curtail
4.) The penalty prescribed is small
5.) Conviction does not do grave damage to D reputation
6.) It was easy for the defendant to find out the true facts before she acted making it unfair to punish her without regard to fault. (Morisette v. U.S.)

Front 11

Two types of concurrence requires involving mens rea.

Back 11

1. Concurrence between D's mental state and act.
2. A concurrence between D's mental state and harmful results.(If what actually happened is too far removed from intent there is no concurrence). Also, D is not responsible for excess harm.

Front 12

Felony –murder and misdemeanor-manslaughter rules: No liability for resulting harm exceptions.

Back 12

If D is engaged in the commission of certain dangerous felonies, he will be liable for certain deaths that occur even if he didn’t intend them to occur.
Misdemeanor- D may be liable for involuntary manslaughter even if his conduct imposed very little risk of death and the death was a freak accident.