ACL Section C: Two essential elements of crime

Corpus delicti

Body of a crime, objective proof of a crime

Actus reus

Physical act of a crime

Mens rea

Mental state of mind in a crime

Corpus delicti includes what 5 components?

Concurrence, causation, attendant circumstances, harm done, punishment

Which ca penal code states that murder is the unlawful killing of a human being or a fetus with malice aforethought?

CA Penal Code section 187

What five things constitute a guilty act?

1. voluntariness

2. Thoughts and words as actions

3. Personal status as an act

4. Possession as an act

5. Omission as an act

What are the four types of “possession as an act”?

1. Actual possession

2. Constructive possession

3. Joint possession

4. Momentary possession

Define Voluntariness

Not responsible for criminal act if coerced into committing the act except for murder

Which CA penal code addresses “thoughts as actions”?

CA penal code section 415 “fighting words doctrine”

Which court case addressed “thoughts and words as actions”?

Commonwealth of Massachusetts v. Michelle Carter (2017)

Which court case declared that personal status or illness cannot be declared criminal?

Robinson v. California (1962)

What are the three requirements for the defense of momentary possession?

1. The defendant only possessed the controlled substance momentary

2. The defendant possessed the substance to abandon, dispose, or destroy it and

3. The defendant did not intend to prevent law enforcement from taking possession of the substance

Who has the burden of proving the defense of momentary possession? What level of proof?

Defendant, by a preponderance of the evidence

Which court case has the authority of defining momentary possession?

People v. Martin (2001)

Which court case has the authority of defining who has the burden in defending a case of momentary possession and under what level of proof?

People v. Spry (1997)

What is an “omission as an act”

A failure to act when required to do so by law

What are the three types of “omission as an act”

1. Duty imposed by statute

2. Duty imposed by relationship

3. Duty imposed by contract

What is an example of “duty imposed by statute”?

Filing income tax returns

What is an example of “duty imposed by relationship”?

Parent failing to provide adequate food and shelter to child

Which court case established information on “duty imposed by relationship”?

Walker v. Superior Court (1988)

Which CA penal code established that parents have no right to free exercise of religion at the price of a child’s life?

CA penal code 270

What is an example of “duty imposed by contract”?

Physician caring for parents

What are the four elements of men’s rea

1. Purpose

2. Knowledge

3. Negligence

4. Recklessness

What are the three types of criminal intent?

1. General intent

2. Specific intent

3. Transferred intent

Which type of intent is inferred from the mere doing of an act?

General intent

define specific intent

When a crime is not merely doing the act but having a specific goal in mind when committing it (do it because I want to collect insurance money)

People v. Pineda stated that

Specific intent must be proven as an independent factor

People v. Gallardo stated that

An attempt to commit a crime requires the existence of a specific intent to commit the crime attempted

Transferred intent (also known as constructive intent) is what?

When a person intends to harm and because of bad aim or other cause the intended harm befalls another,

People v. Scott stated what in regards to transferred intent?

defendants found guilty of shooting a bystander  to death while convicted of attempted murder of the intended victim).

What are the two limitations to transferred intent?

1. The harm that actually results must be similar to the intended harm

2. The transfer cannot increase the defendant’s liability.

What did people v. Bland decide on the case of transferred intent?

That transferred intent did not apply to attempted murder

In response to people v. Taylor, the California supreme court ruled what?

ruled that if a person acts with IMPLIED MALICE toward the mother, he has the requisite of mens rea for the murder of the fetus

All three types of criminal intent may be proven by what two types of evidence?

circumstancial evidence and direct evidence

what are two examples of direct evidence?

words spoken by the perpetrator, or by the circumstances surrounding the case

what is an example of “circumstances surround the case”?

telling someone he was going to r a specific bank

which court case decided that words spoken during an assault may reveal his intent to commit _____, for the purpose of proving intent, the conduct of the perpetrator before, during, and after the offense is admissible?

People v. Welsh

What is strict liability

liability without fault

In California, strict liability crimes are commonly referred to as what?

“regulatory offenses” or “public welfare”

what are the purpose of strict liability laws?

for the protection of healthy, safety, and welfare of the public (traffic laws, drug laws)

what are 3 types of liability?

1. Strict Liability

2. Vicarious liability

3. Corporate Liability

What is a motive?

the reason a person commits a crime

A motive is NOT

an element of a crime

however, motive does play a role in what?

defining the direction of a criminal investigation, and sentencing

at trial evidence of motive is shown by what two things?

direct testimony or from the facts surrounding the case

what type of evidence is allowed to show the intent with which the act was committed?

motive evidence

what type of evidence is allowed to be used to rebut a claim of self-defense?

Motive evidence

which evidence is allowed to be used to rebut a claim of insanity by showing the rational nature of the defendant’s actions?

motive evidence

which court case showed that motive evidence could be used to show the intent with which the act was committed?

People v. Miller

Which court case showed that motive evidence could be used to rebut a claim of self-defense?

People v. Brown

Which court case showed that motive evidence could be used to rebut a claim of insanity?

People v. Donlan

Which court case showed that motive evidence could be used to remove doubt as to the identity of the perpetrator?

People v. Wright

Which court case showed that motive evidence could be used to help determine the degree of the crime?

People v. Soeder

Which court case showed that motive evidence could be used to help determine the issue of justification or excusability of the act?

People v. Soeder

Define concurrence

the joining of mens rea and the act

Which penal code stated that “in every crime of public offense there must exist a union, or joint operation of act and intent, or criminal negligence.”?

CA Penal Code Section 20

Corporate Liability is a form of what type of liability?

Vicarious Liability

Define Causation

the criminal act causes the harm suffered

what are the two categories within Causation?

1. Cause in fact

2. Proximate cause

what are is the one categorie within “cause in fact”?

1. but-for test

what is the category within “but-for test”?

substantial factor test

what are the three categories within proximate cause?

1. Foreseeability test

2. “take the victim as you find him” principle

3. Intervening cause

Define foreseeability test

is the harm that ultimately results from the defendant’s act a type of harm that would have been reasonably foreseeable to a person in the defendant’s position at the time the defendant committed the cause of the harm to the victim?

define the “take the victim as you find him” principle (eggshell skull rule)

A person with a medical condition suffered a severe head injury due to actions of another person and dies, that person is still liable for their death even though the average person would not have been injured as much compared to the victim

Define intervening cause

after the crime, did another cause intervene in the chain of events and directly cause the harm to the victim?

define dependent intervening cause

the harm is the normal result of the defendant’s crime

the following story is an example of what type of intervening cause?: bubba pulls Marybeth into his car to ____ her. Marybeth opens the door and jumps out seriously injuring herself

Dependent intervening cause

B escapes onto a sidewalk where he was struck and killed by lightning.  A is not criminally liable for B’s death.

This is an example of what type of intervening cause?

Independent intervening cause

what are the two types of intervening causes?

1. Dependent intervening cause

2. Independent intervening cause

if death occurs beyond the time of three years and a day then…

there shall be a rebuttable presumption that the killing was not criminal, the prosecution shall bear the burden of overcoming this presumption

define attendant circumstances

the specific facts or context that must surround the act for it to be considered a crime

define “harm done”

did your criminal act contribute to harming someone?

for Causation there must be what two things?

both “but-for” cause and “proximate cause”

define proximate cause

an event sufficiently related to an injury that the courts deem the event to be the cause of that injury

define substantial factor test

prosecutor must prove that the defendant’s conduct was a substantial factor in bringing about the result