Chapter 2 - Criminal Liability

What are the three essential elements/aspects of all crimes?

Actus reus, mens rea, and a concurrence of the two.

What does actus reus mean?

It refers to the 'guilty act' or the criminal act.

Why is actus reus required in criminal law?

To prevent punishing someone merely for their thoughts.

What is an example of involuntary action that relieves someone from criminal liability?

Experiencing a medical emergency while driving.

Can Canadian prosecutors appeal a murder trial verdict of not guilty?

Yes, they can appeal.

What is an example of a moral duty but not a legal duty to act?

An off-duty medical doctor witnessing a car accident.

What law often creates a legal duty to act?

Statutory law.

What is required of individuals involved in a motor vehicle accident according to most state laws?

They must provide aid to injured persons and report the accident.

What is mens rea?

It refers to the 'guilty mind' or the specific mental state of the defendant at the time of the crime.

What is the relationship between culpability and mens rea?

For an action to be considered criminal, it must occur with the required mens rea.

What is the difference between motive and intent?

Motive is what drives someone to do something, while intent is the determination to act.

What are the four legally recognized mental states that meet the requirements of mens rea?

General intent, specific intent, constructive intent, and transferred intent.

What does scienter refer to in legal terms?

The level of knowledge required to hold a person criminally liable for their acts.

What are the four types of possession in law?

Knowing possession, mere possession, actual possession, and constructive possession.

What does constructive intent refer to?

Situations where a person should have known their actions created a high risk of harm.

What is the difference between criminal negligence and reckless behavior?

Criminal negligence is a gross deviation from the standard of care, while reckless behavior increases the risk of harm.

What does transferred intent mean?

It describes situations where one person intends to harm a specific person but accidentally harms another.

What are the three types of liability without fault?

Strict liability, vicarious liability, and enterprise liability.

What are the four states of mind classified in criminal law?

Purposely, knowingly, recklessly, and negligently.

What must occur for an action to be considered criminal according to the concurrence requirement?

The act (actus reus) and the mental state (mens rea) must occur at the same time.

What is causation in the context of criminal law?

It is the critical element of actus reus that determines the direct cause of the harm.

What is proximate cause also referred to as?

Legal cause.

What can make proving actus reus easier?

Witness testimony, forensics, and physical evidence.