Crim3
Terms
undefined, object
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- What are the two requirements for a crime?
- Actus reus and mens rea
- Define actus reus.
- An illegal act, the act or failure to act that constitutes the crime
- What are the three elements of actus reus?
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1)A voluntary act or failure to act
2)Causation
3)Social harm - What is the justification for actus reus?
- You can't punish someone for their thoughts
- What is the practical reason for actus reus?
- Until somebody acts there no evidence or proof.
- Understand acts of omission.
- Failure to act based on a relationship, the person can be held liable
- What is the holding in Jones vs. U.S.?
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There are four situations that constitute legal duty:
1)Statute imposes duty
2)Certain status relationship
3)Assumed a contractual duty for care
4)Assumed care and prevented others from giving aid. - Define mens rea.
- The required mental state necessary for constitute a crime.
- List the four states that explain mens rea.
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1)General intent
2)Specific intent
3)Constructive intent
4)Transferred intent - What is motive?
- Why the crime occurred.
- What is general intent?
- A concept employed by the courts to explain the required criminal intent for a defendant to be convicted of a certain crime where the government is not required to prove that the defendant intended to bring about a particular intent.
- What is specific intent?
- The intent to accomplish a specific purpose as an element of a crime.
- What is scienter?
- The degree of knowledge that makes a person criminally liable for his or her physical acts.
- What is constructive intent?
- A principle of law that refers to those situations when the actor does not intend any harm but should have known that his or her behavior created a high risk of harm to others.
- What is criminal negligence?
- The gross deviation from the standard that we expect from people.
- What is transferred intent?
- A principle of law that transfers the intent to harm the person actually harmed. Involves a situation where a person intends to injure one person and mistakenly injures a third person.
- What is strict liability?
- Those crimes that require no proof of culpability or state of mind and are justified on the basis of the need to encourage extremely high standards of care for the protection of the public.
- Explain the concept of the joinder of indent and act.
- Actus reus and mens rea must occur at the same time for a crime to occur.
- What is causation?
- But for the defendant's act, would the social harm have occurred when it did?