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20 Cards in this Set
- Front
- Back
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Actus Reus |
The wrongful deed that comprises the physical component of the crime. Can be an omission. Can be speech |
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Involuntary Acts |
Acts not of your own effort. (e.g. reflex or convulsion, unconsciousness, hypnosis, involuntary action) |
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Omissions |
Liability when there was actor who was capable of acting and the failure to act caused harm. 2.01(3) the omission is expressed by the law definition the defense or the duty to perform is imposed by law |
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Sources of duty |
Statute Special relationship Contractual relationship Voluntarily assuming the care of another Putting another in peril |
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Three types of material elements in statutes |
Act Attendant Circumstances Result Elements Each has a mens rea requirement |
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Purpose (Subjective): Act or result element |
It is his conscious object to engage in conduct of that nature or to cause the result
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Purpose: Attendant circumstance element |
Aware of the existence of the circumstances or he hopes/believe that they exist |
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Knowingly (subjective): act or attendant circumstances element |
Aware that his conduct is of the nature that such circumstances exists |
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Knowingly: Result element |
Aware to a practical certainty that his conduct will cause the restul |
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Willful Blindness: Common law |
Generally qualifies as knowing when a court can properly find that it can almost be said that the defendant knew |
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Willful Blindness: MPC |
2.02(7): defendant was "aware of a high probability" and so chose not to look |
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Recklessly (subjective) |
consciously disregarding a substantial and unjustifiable risk |
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Negligently (objective) |
Should be aware of a substantial and unjustifiable risk. The risk must be such that it involves a gross deviation from the standard of care of reasonable person in the same situation. Based on the reasonable person standard |
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Strict Liablity |
No mens rea required. |
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No mens rea in statute |
Reckless is the default standard |
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When only one mens rea standard is listed |
The one listed applies to all material elements |
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Defense: Mistake of fact |
Generally not punished (E.g. you take an umbrella from a stand that you believe is yours but is in fact someone else's)
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Defense: Mistake of Collateral Law |
Generally not punished (e.g. You take an umbrella from the stand that you though your uncle gifted you, but it is an invalid conveyance and think it is a valid gift when t still belongs to your uncle) |
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Defense: Mistake of the Law Defining the Offense |
Generally punished. Unless you reasonably rely upon the official statement of the law afterward determined to be invalid or erroneous or if the statute has not been made reasonably available. Therefore official statement from the right kind of person + reasonable belief = defense |
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Cultural Differences |
Courts may consider a reasonable foreign person standard, but it will generally not excuse behavior due to cultural differences |
