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Criminal LawElementsActus ReasActionVoluntary, Volitional Act(bodily movement)xNot a reflex (shockunconsciousness—Newton; sleepwalking— Cogdon)xNot a status (addict—Robinson)xNot 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 xNo duty to save house guest (baby dead from beating—Pope)xNo 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 & spoonoverdose—Oliver; rape & remorsedrowning—Jones)IssueCommon LawMPCMens ReaChoiceSpecific intent: ∆has some future purpose or actual knowledge of fact/circumstance . (murder, attempt, burglary, larceny, robbery)—sort of like purpose/knowledge in MPCMPC§2.02 Levels of Culpabilityπcan 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 circumstancesConduct (bodily movement)Circumstance (conditions)Result(not always element)xMust have mens rea for each charge:xNot using stop tap when stealing money from the gas meterleaklife in danger—CunninghamxSailor 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 KnowledgeAwarePractically certainRecklessness (default culpability level)IndifferenceSubjective awareness (∆did actually know) of substantial & unjustified risk that is gross deviationfrom what law abiding person would doNegligence InattentivenessObjective/reasonable person would have been aware, grossdeviationfrom 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 riskConditional 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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