Criminal Midterm sep 4

Minimum requirements of culpability (MPC 2.02(1))

A person is not guilty unless he acted purposely, knowingly, recklessly, or negligently, as the law may require, with respect to each material element.

Mens rea and actus reus

Guilty mind and guilty act.

Elements of an offense

The actus reus (a voluntary act or culpable omission), the mens rea (defendant's state of mind at the time of that actus reus), and the result, if one is required, caused by that actus reus.

Act

A bodily movement that is a conscious effort.

Intentionally

You wanted it. It was your conscious objective.

Knowingly

You were aware. You knew what you were doing, or knew the fact was true.

Recklessly

You saw the risk and did it anyway. Aware of a substantial and unjustifiable risk, and ignoring it was a gross deviation from what a reasonable person would do.

Criminal negligence

You didn't see the risk but you should have. Same substantial and unjustifiable risk, but you failed to perceive it, and failing to perceive it was a gross deviation.

Punishment for thoughts

No one is punishable solely for his thoughts. The law of attempt allows liability once a defendant moves beyond thoughts to some action, even if it does not result in a completed offense, but attempt still requires an act of some kind.

Winship rule

The Due Process Clause of the Fourteenth Amendment requires proof beyond a reasonable doubt of every fact necessary to constitute a charged crime.

Beyond a reasonable doubt

The criminal standard. No reasonable doubt as to every fact necessary to constitute the crime. Courts avoid putting a percentage on it.

Preponderance of the evidence

The civil standard. More likely true than not.

Burglary

A person commits burglary when they knowingly enter or remain unlawfully in a building or structure with the intent to commit a crime inside.

Second degree murder

A person is guilty when, with intent to cause the death of another person, he causes the death of that person or a third person.