GENERAL PRINCIPLES OF CRIMINAL LAW-mens rea

GENERAL PRINCIPLES OF CRIMINAL LAW-mens rea - GENERAL...

Info iconThis preview shows pages 1–8. Sign up to view the full content.

View Full Document Right Arrow Icon
GENERAL PRINCIPLES OF CRIMINAL LAW: MENS REA & CAUSATION
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Criminal Conduct vs. Crimes of criminal conduct - 3 general elements* 1. An act 2. Mental state 3. Concurrence 1. An act 4. Causation 2. Mental state 5. Resulting harm 3. Concurrence * Correlate to specific elements of particular crimes; Samaha also refers to as “general principles of liability”
Background image of page 2
Concurrence Concept that criminal action and the requisite state of mind must occur at the same time & that the action must be triggered by the state of mind Required element in all crimes except strict liability crimes
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Mens Rea Defined Mens rea = criminal intent; literally means evil mind i.e., the mental state of mind required for conduct to be criminal
Background image of page 4
Proving Mens Rea A. Direct evidence 1. Statements of intent or post-action confessions 2. Direct evidence rare B. Indirect evidence – basis for inference of state of mind 1. “Circumstantial” evidence - i.e., evidence that is indirect 2. Usually must infer intent from actions 3. Legal principle - one intends the natural consequences of one’s actions
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
LEVELS OF MENS REA Levels of Mens rea based on gradations of fault or culpability
Background image of page 6
Mens Rea at Common Law Specific intent - (applies to crimes of cause & result) - in addition to general intent to do criminal act, intent to
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 8
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 18

GENERAL PRINCIPLES OF CRIMINAL LAW-mens rea - GENERAL...

This preview shows document pages 1 - 8. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online