Convicting must have two things:
Actus reus – the guilty prohibited
Mens rea – guilty mind
Causation – you need to cause the harm to the victim
Mens rea = mental state
1. General intent- no intent for harm (reckless or negligent) * Willingness to commit the act or to make the omission in question. Requires no intent to violate the law or injure * Reckless or negligent
* Example: rape, drunk driving, vandalism
Consciously disregard or a substantial and unjustifiable risk. Balance risk and harm
Indifferent to consequences/ don’t care about the risk and the laws * Oh my God/ gross and culpable
2. Specific intent- intending to commit a crime (knowingly)
* Intends a particular result.
* Purposeful: Conscious object of causing result.
* Knowledge: practically certain of result
* Burglary is an intent crime. Once you enter the place with the intent to steal something you are guilty
BAM ACTS (Specific intent crimes)
* Murder (intent to kill)
* Solicitation (asking someone else to commit a crime)
Receiving or concealing stolen property – specific intent crime (Fencing crime)
3. Strict liability- guilty if you commit the act (running a stop sign)
* No mens rea required.
* Usually mala prohibita offenses
Mala Prohibita – wrong because we made it wrong.
- Mens Rea v. Motive -
1. Motive is the underlying reason
2. Mens Rea is the mental state
* Actual Possession: knowingly has direct control
* Constructive Possession: Knowingly has the right of control over a thing
Cause in fact- but for cause
* If def had not acted result would not have occurred
* Legal cause: Foreseeable look for intervening cause
Criminal and procedural law
Branch that specifies what conduct constitutes crime and establishes appropriate punishments
Rules of procedure by which criminal prosecutions are governed
Originated in England and composed of case law and statutes that grows and changes -Influenced by ever changing custom and tradition
Doctrine that judicial decisions stand as precedents fro cases arising in the future
Prior decisions of the same court that a judge must follow in deciding a case
Decisions of court
Keeler v. Supreme Court
Know the 4 types of murder?
First degree is the most serious, because it indicates that a person calmly decided to kill another person, decided how to do it, and carried out their murderous plan. These are your intentional murders, especially where the killer lies in wait or plots to kill. These are typically the capital form of homicide (viz., they can result in the death penalty).
Second-degree homicide is less intentional, but it is intentional nonetheless. These can include unforeseen brawls where someone pulls a weapon, where a spouse comes home to find their partner being unfaithful, or where an ordinarily peaceful person is provoked to suddenly lash out.
Third degree homicide usually includes killing that is basically unintentional but that is so negligent that society punishes it. This could include something like a driver who speeds recklessly, loses control, and kills someone else on the roadway; the driver did not intend to kill anyone and probably did not even know the victim, but he was intentionally neglecting laws that are meant to keep people safe on the roadways and caused a death through that law-breaking negligence.
2-19-13 (Quiz on Thursday – Ch. 5)
Crimes against a person:
* The taking of the life of a human being by another human being
* Unlawful killing of a human being with malice aforethought Malice aforethought (4 steps):
* Intent to kill
* Inflict great...