CrimLawChart_Boldt - Criminal Law Elements Actus Reas...

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Criminal Law Elements Actus Reas Action Voluntary, Volitional Act (bodily movement) x Not a reflex (shock unconsciousness— Newton ; sleepwalking— Cogdon ) x Not a status (addict— Robinson ) x Not a movement against ’s will (drunk in public— Martin ) Crime caused by addiction (out of control alcoholic act, but first drink taken voluntarily— Powell ) Epileptic seizure (choice to drive = actus reas seizure— Decina ) Omissions : failure to act—includes duties to care req’d by statute, relationship, contract, voluntary assumption of care x No duty to save house guest (baby dead from beating— Pope ) x No duty to save lover (overdose— Beardsley ) Parent’s duty to save child (abusive situation— Cardwell ) Brother’s duty to sister ( Stone ) Duty to save after creating risk (seclusion & spoon overdose— Oliver ; rape & remorse drowning— Jones ) Issue Common Law MPC Mens Rea Choice Specific intent : has some future purpose or actual knowledge of fact/circumstance . (murder, attempt, burglary, larceny, robbery)—sort of like purpose/knowledge in MPC MPC§2.02 Levels of Culpability π can prove level req’d or level higher. If there is a level mentioned in part of the statute that level applies for the other elements. General intent aware of conduct & has knowledge, but no particular desire/purpose to bring about new circumstances Conduct (bodily movement) Circumstance (conditions) Result (not always element) x Must have mens rea for each charge: x Not using stop tap when stealing money from the gas meter leak life in danger— Cunningham x Sailor intends to get rum but burns the whole ship down in the process— Faulkner is assumed to intend reasonably foreseeable consequences of action (inability to find corrupted juror doesn’t bar specific intent— Neiswender ) Deliberate ignorance = mens rea . Awareness of probability of crime sufficient for mens rea (presence of marijuana in the trunk— Jewell ) Purpose (Required for attempts) Conscious objective/desire Awareness, belief or hope Conscious objective/desire Knowledge Aware Practically certain Recklessness (default culpability level) Indifference Subjective awareness ( did actually know) of substantial & unjustified risk that is gross deviation from what law abiding person would do Negligence Inattentiveness Objective/reasonable person would have been aware, gross deviation from standard of reasonable care based on: 1) gravity of harm that foreseeably would result from ’s conduct, 2) probability of harm; 3) burden to of not engaging in risk Conditional Intent : §2.02(6) Does condition take out of realm of people meant to be convicted by statute (negatives the mens rea)? (conviction upheld in conditional [“if you don’t cooperate, I’ll kill you”] carjacking— Holloway ) Common law or MPC?
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  • Spring '09
  • CARSON
  • criminal law

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