ASYC 2 Criminal Law Key Concepts and Doctrines

Flashcards covering key concepts, doctrines, and case law in criminal law, focusing on the definitions and relationships between critical legal standards.

Actus Reus

The volitional act that causes social harm, required for criminal liability.

Mens Rea

The morally blameworthy state of mind, essential for establishing criminal liability.

Volitional Act

Any bodily movement that is the product of conscious effort or determination.

Non-Volitional Acts

Actions like reflexes, convulsions, or unconscious movements that do not create criminal liability.

Retributivist Perspective

The idea that people don't deserve to be punished for actions they cannot control.

Utilitarian Perspective

The belief that punishing non-volitional acts is unnecessary because it provides no deterrence.

Habitual Acts

Behaviors that are considered volitional due to repeated conscious behavior, even if performed automatically.

Time Framing

The approach where earlier conscious decisions are examined to assess the volitional nature of later actions.

Prosecutorial Discretion

The authority of a prosecutor to decide whether to charge an individual based on the circumstances of the act.

Liability during Sleepwalking or Hypnosis

Typically, no liability unless individual voluntarily induced the state (e.g. by seeking hypnosis).

Robinson v. California

A case establishing that criminal law punishes conduct, not mere thoughts or status traits like addiction.

Powell v. Texas

A case where criminal liability was imposed for public intoxication as it involved actual conduct.

Bailey v. United States (1995)

Supreme Court case affirming that 'use' of a firearm means active employment, not just possession.

Omission Liability

Criminal liability arising from failure to act in specific situations, like special relationships or contractual duties.

Sherrice Iverson Child Protection Act

Statute requiring reporting of crimes against children 14 or younger, illustrating rarity of omission liability.

Causation in Criminal Law

Involves demonstrating actual cause (but-for test) and proximate cause; determining remoteness of results.

Result Crimes

Crimes that focus on the prohibited consequence of an act (e.g. murder).

Conduct Crimes

Crimes that focus on the prohibited behavior regardless of the result (e.g. drunk driving).

Importance of Mens Rea

Mental state that aligns punishment with blameworthiness, recognizing various degrees of intent.

Relationship between Actus Reus and Mens Rea

Both elements are generally required to establish criminal liability.