Chapter Three: The General Principles Of Criminal Liability

Front 1

Criminal Conduct

Back 1

Conduct that is / without justification AND / without excuse

Front 2

Criminal Liability

Back 2

Criminal conduct that qualifies for criminal punishment

Front 3

Elements of a Crime

Back 3

- Actus reus (Criminal act)

- Mens rea (Criminal intent)

- Concurrence

- Attendant circumstances

- Bad result (Causing a criminal harm)

These are the building blocks that prosecution has to prove beyond a reasonable doubt to convict defendants.

Front 4

Attendant Circumstances Element

Back 4

This element isn't an act, an intention or a result; it's a circumstance connected to an act, an intent, and/or a result.

Hint 4

When mens rea isn't required, there is usually this

Front 5

Concurrence

Back 5

A criminal intent has to trigger the criminal act.

Front 6

(Criminal) Conduct Crimes

Back 6

Crimes that require a criminal act triggered by criminal intent. Ex: (Theft, burglary)

Front 7

Criminal Acts

Back 7

The physical element of criminal liability.

Front 8

Concurrence

Back 8

A criminal intent has to trigger the criminal act.

Front 9

(Criminal) Conduct Crimes

Back 9

Crimes that require a criminal act triggered by criminal intent. Ex: (Theft, burglary)

Front 10

Bad Results Crimes

Back 10

Serious crimes that include causing a criminal harm in addition to the conduct itself (actus reus, mens rea, circumstancial element). Ex: Criminal homicide.

Front 11

Manifest Criminality

Back 11

The requirement that attitudes have to turn to deeds.

Hint 11

Intent has to trigger an act.

Front 12

Criminal Acts

Back 12

The physical element of criminal liability.

Front 13

Manifest Criminality

Back 13

The requirement that attitudes have to turn to deeds.

Hint 13

Intent has to trigger an act.

Front 14

One Voluntary Act Is Enough

Back 14

Conduct that is one voluntary act will satisfy the actus reus requirement for criminal liability

Ex. Driving despite knowing you have seizures.

Front 15

Commonwealth v. Pestinakas

Back 15

The Pestinakas agree (verbal contract) to take Joseph Kly into their care while he was ill. They left him to starve/freeze to death while they stole his money every month.

Front 16

Commonwealth v. Pestinakas

Back 16

The Pestinakas agree (verbal contract) to take Joseph Kly into their care while he was ill. They left him to starve/freeze to death while they stole his money every month.

Front 17

People v. Oliver

Back 17

Oliver brought hime Cornejo at a bar and invited him back to her house, he wants to do drugs and she gives him the spoon. He comes out of the bathroom and passes out. She goes back to bar and daughter finds the body. Mom advised her to put him outside. (SPECIAL RELATIONSHIP CASE)

Front 18

State v. Miranda (1998)

Back 18

Miranda lived with his gf and her two kids, after about a year, he talkes baby to hospital after "choking on milk" and they find serious abuse was happening. Miranda claimed "not his kid not his problem." It was tho.

Front 19

Actual Possession

Back 19

Physical control of banned stuff

Front 20

Actual Possession

Back 20

Physical control of banned stuff

Front 21

Constructive Possession

Back 21

Means "I control banned stuff, but its not on me."

Front 22

Knowing Possesion

Back 22

Means possessed is aware of what they possess.

Front 23

Mere possession

Back 23

Means you don't know what you posses.