Razan Crim outline_adam - This outline was created by Razan...

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This outline was created by Razan Faramand and Lee Gutschenritter I. Four Elements: 1) Voluntary (Actus Reus) 2) Culpable intent(Mens Rea) 3) Concurrence 4) Causation II. Actus Reus A. Voluntary Act Common Law Model Penal Code - Require conscious and volitional act - Person cannot be convicted when act is involuntary - Involuntary acts : 1. reflex or convulsion 2. unconsciousness or sleep 3. hypnosis 4. movement not otherwise the product of the effort or determination of the actor B. Omissions Common Law Model Penal Code - No legal duty to act EXCEPT : 1. Statute 2. Status relationship (mom/son) 3. Contractual Relationship 4. Voluntarily assuming care of another - Same as CL III.Mens Rea: To prove an offense, prosecution must prove mens rea as to every element of the offense (result, circumstances, conduct). Common Law Model Penal Code 1. Maliciously: ∆ realizes the risks her conduct creates and engages in conduct anyways. 2. Intentionally: ∆ had purpose to cause specific harm result. Or ∆ is aware of harm she is likely to cause although that harm is not her primary aim. 3. Negligently: not exercising the standard of care a reasonable person would under the circumstances 4. Willfully: Doing act with purpose of violating the law. Or situation in which ∆ doesn’t necessarily want to protest the law but intentionally does an act that has illegal consequences. 1. Purposely: ∆ goal or aim to engage in particular conduct or achieve a certain result 2. Knowingly: Person acts knowingly if she is virtually or practically certain that her conduct will lead to particular result. 3. Recklessly: ∆ realizes there is a substantial and unjustifiable risk that her conduct will cause harm but consciously disregards the risk. 4. Negligently: ∆ unaware of and takes a risk that an ordinary person would not take. When Statute silent on Mens Rea, apply recklessness. 1
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A. Specific Intent/ General Intent Common Law Model Penal Code A. General Intent: require that defendant intend to commit the act that causes the harm. The defendant need not intend the consequences of her acts. Can be negated by reasonable and honest mistake. B. Specific Intent: requires higher level of intent. The prosecution must prove that the defendant acted with specific purpose to cause the harm or while knowing the harm would result. Can be negated by honest mistake. Doesn’t distinguish between General and Specific intent. B. Strict Liability Common Law Model Penal Code - Public welfare and traditional crimes. - No mens rea required but actus reus is required (voluntary act) - Only violations are SL offenses. These are minor offenses that do not constitute a “crime” and that may be punished only by fine or forfeiture. III.
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This note was uploaded on 04/30/2008 for the course CRIMINAL L 101 taught by Professor Sm during the Fall '08 term at Florida Coastal School of Law.

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Razan Crim outline_adam - This outline was created by Razan...

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