crim midterm oct 12

Actus Reus

conscious, voluntary act or omission (when there is a duty)

mens rea

culpable mental state; purposely, knowingly, recklessly, negligently

also includes willfull blindness, mistake of fact/law, strict liability

Murder (common law)

an unlawful killing with malice aforethought

malice aforethought is intent to kill/ cause grievous bodily harm, a depraved heart Disregard for human life (torture), felony murder (kill someone in process of committing a felony)

Manslaughter (common law)

a killing without malice aforethought 

Response to an adequate provocation- ex heat of passion

involuntary manslaughter (cause someone’s death recklessly or negligently)

Murder (MPC)

• purposeful and knowingly mens rea

• Includes depraved heart/indifference murder & Felony murder 

manslaughter (MPC)

recklessly causing the death of another

Criminally negligent homicide

MPC

failing to be aware of risks that pose substantial or unjustified risk of death

establish purposely

• “At the time D acted, it was his conscious objective to _____.” [actus reus]

establish knowingly

•  “At the time D acted, he was aware that ______.” [actus reus / attendant circumstances]

establish recklessly

• “At the time D acted, D was aware of, but consciously disregarded the substantial and unjustifiable risk that _______, and their failure to perceive that risk is a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.”

establish Negligently

• “At the time D acted, D should have been aware of, but failed to perceive that _______, and their failure to perceive that risk is a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.”

Mpc 2.02(4)

One mens rea, no element specified? It covers all elements, unless a contrary purpose plainly appears.

MPC 2.02 (3)

we have a presumption that at least some culpable mental state applies to every material element in an offense

what if statute says need to act knowingly but they acted purposely instead?

 If the prosecution proves a defendant acted purposely, they automatically satisfy the requirements for any lower mental state (knowingly, recklessly, or negligently). in that order, because of downward inclusion

is mens rea needed for strict liability

no

how does ignorance factor into knowing something (jewel case) MPC 2.02 (7)

knowledge is satisfied when the person is aware of a high probability the fact exists, unless he actually believes it does not.

Willful blindness counts as knowledge.

establish intent and premeditation (carrol case) in pa

Premeditation needs no minimum time, so an intentional killing can be first degree murder even if the intent to kill was formed in an instant.

establish intent and premeditation (guthrie case) west virginia

Premeditation needs some period of actual reflection between forming the intent and killing, so a spontaneous intentional killing is only second degree murder.

provocation according to majority and minority opinion

majority opinion (common law); If the provocation fits one of the listed situations

ie extreme battery or assault, cheating on spouse etc

-

minority; would a reasonable person have lost control from what happened

if either had time to cool off its not provocation anymore

to what standard does everything need to be proven to

requires proof beyond a reasonable doubt of every fact necessary to constitute a charged crime.

can you be punished for thoughts

no one is punishable solely for his thoughts. Though the law of attempt will

allow criminal liability if a defendant moves beyond thoughts to some

actions