Criminal Law Week 1: Actus Reus, Mens Rea, and Causation

Comprehensive practice flashcards covering Week 1 Men's Reus and Criminal Law fundamentals, including elements of crime, common law mental states, Model Penal Code hierarchy, negligence vs. recklessness, strict liability, finality of acquittal, and causation.

What is the definition of criminal law provided in the lecture notes?

Criminal law is the body of law through which the state punishes conduct it deems harmful enough to warrant public condemnation.

What standard of proof must the prosecution meet for every element of a criminal offense?

The state must prove every element beyond a reasonable doubt.

What is the fundamental formula or skeleton of a crime given on day one of class?

Crime = Actus Reus + Mens Rea (+ Concurrence).

What does the Latin maxim "Actus non facit reum, nisi mens sit rea" mean?

The act alone doesn't make you guilty unless your mind is guilty too (Week 1 readings, p. 1).

What is Actus Reus defined as in the core lecture notes?

A voluntary physical act, an unlawful omission where you had a duty to act, or possession of something illegal.

How does the Barbri outline (p. 25) define Actus Reus?

"a physical act (or unlawful omission) by the defendant."

Why do involuntary physical actions like seizures or reflexes fail to satisfy Actus Reus?

Actus Reus requires a voluntary physical act; a seizure or reflex does not count as a voluntary act.

What is Mens Rea?

The mental state the defendant had at the time of the act, which may be intent, knowledge, recklessness, negligence, or malice depending on the crime.

What does the principle of Concurrence require in criminal law?

The act and the intent must happen at the same time, meaning the mens rea must drive the actus reus.

What three mental state categories were used at Common Law?

General Intent, Specific Intent, and Malice.

What is General Intent at common law?

It requires only that the defendant intended to do the physical act forbidden by law, without needing to prove intent for a specific result or further purpose.

What example is used in the notes to illustrate a General Intent crime?

Battery, where swinging your fist to hit someone satisfies general intent without needing to prove you intended to break their jaw.

What is Specific Intent at common law?

Intending the physical act plus a further result or purpose beyond the act itself.

What two examples of Specific Intent crimes are provided in the text?

Burglary (entering a building with intent to commit a felony inside) and Larceny (taking property with intent to permanently deprive the owner of it).

How is criminal intent defined in People v. Zerillo?

"Criminal intent in its narrow and proper sense is nothing more than the intentional doing of that which the law declares to be a crime" (Week 1 readings, p. 2).

How is Malice defined at common law?

Either an intent to cause the specific harm, or recklessness as to whether that harm occurs.

What key rule regarding malice was established in Regina v. Cunningham?

Malice is not "general wickedness"; it requires actual foresight of the risk of harm or intent to cause the particular harm.

Which three specific offenses are classified as Common Law Malice Crimes?

Murder, Arson, and Mayhem.

How is Common Law Murder defined in terms of mental state?

Unlawful killing with malice aforethought.

What are the forms of express and implied malice in common law murder?

Express malice is intent to kill; implied malice includes intent to cause grievous bodily harm, depraved-heart recklessness, or felony murder.

How is Common Law Arson defined?

Malicious burning of the dwelling of another.

How is Common Law Mayhem defined?

Unlawful and malicious infliction of disfiguring or disabling injury.

Does malice require hatred or ill will toward the victim?

No, malice across murder, arson, and mayhem does not require hatred or ill will; it requires either intent to cause the specific harm or recklessness as to whether that harm occurs.

What section of the Model Penal Code (MPC) sets forth the four levels of culpability?

MPC  2.02.

What are the four MPC levels of culpability in order from highest to lowest blameworthiness?

Purposely, Knowingly, Recklessly, and Negligently.

What does it mean to act "Purposely" under MPC  2.02?

It is the actor's conscious object to cause the result or engage in the conduct.

What does it mean to act "Knowingly" under MPC  2.02?

The actor is aware that their conduct is of a certain nature or that a result is practically certain to follow.

In the train bomb example, how are "purposely" and "knowingly" distinguished?

Planting a bomb on a train to kill one target victim means killing the target victim purposely, but killing everyone else knowingly (being aware their deaths are practically certain).

What does it mean to act "Recklessly" under MPC  2.02?

The actor is aware of a substantial and unjustifiable risk and consciously disregards it, where the risk is a gross deviation from what a reasonable person would do.

Is MPC Recklessness evaluated using a subjective or objective test regarding awareness of risk?

Subjective test; the prosecution must prove that the defendant was actually aware of the danger.

What does it mean to act "Negligently" under MPC  2.02?

The actor should have been aware of a substantial and unjustifiable risk but was not, where the failure to perceive it is a gross deviation from reasonable care.

Is MPC Negligence evaluated using a subjective or objective test regarding awareness of risk?

Objective test; the prosecution does not need to prove the defendant knew, but that a reasonable person would have been aware.

What case in the readings illustrates criminal negligence involving a chiropractor using a dangerous treatment?

Gian-Cursio v. State.

What is the MPC Hierarchy Rule regarding levels of culpability?

Higher levels of culpability satisfy lower ones (e.g., proving recklessness satisfies a negligence requirement), but lower levels do not satisfy higher ones.

According to Week 1 readings (p. 2), how do MPC mental states map loosely to common law concepts?

Purpose corresponds loosely with specific intent, while knowledge corresponds loosely with general intent.

How do MPC "purposely" and "knowingly" map to the general concept of "intent"?

Intent maps to the top two MPC levels: purposely (you desire the result) and knowingly (you are aware the result is practically certain).

What two formulas for "intent" are given in Week 1 readings (p. 37-38)?

The Markby view (desiring the result to happen) and the Austin view (knowing the result is practically certain to follow, whether desired or not).

What elements do gross negligence, recklessness, and criminal negligence all share?

All three involve a substantial and unjustifiable risk and a gross deviation from the reasonable person standard.

What distinguishes criminal negligence from ordinary civil negligence?

Criminal negligence must be so flagrant and far below the standard of care that it warrants punishment, whereas ordinary civil negligence (such as rear-ending someone at a stoplight) is not criminal.

What is the legal definition of the "reasonable person"?

A fictional, hypothetical legal construct representing an ordinary, prudent person of average intelligence and caution acting in the same circumstances.

Does the reasonable person standard adopt a defendant's personal deficiencies such as low IQ or bad temper?

No, it is objective and does not lower the bar for personal deficiencies like low IQ, bad temper, or lack of experience.

How does State v. Gorman define the standard for criminal negligence?

"To prove criminal negligence the state must prove that defendant's conduct, viewed objectively, constituted a gross deviation from the standard that a reasonable prudent person would have observed" (Week 1 readings, p. 28).

What is a Strict Liability offense?

An exception where criminal liability attaches based on the act alone, dispensing entirely with the mens rea requirement.

What types of offenses are traditionally classified as strict liability offenses?

Public welfare and regulatory offenses with minor penalties, such as selling adulterated food, traffic violations, and statutory rape.

What case illustrates strict liability for a bar owner selling liquor to a minor?

Commonwealth v. Koczwara.

What quote from Morissette v. United States (p. 9) describes the requirement of criminal culpability?

"an evil-meaning mind and an evil-doing hand".

Why is an acquittal permanently final under the U.S. Constitution?

Under the Double Jeopardy Clause of the Fifth Amendment, once a jury or judge acquits a defendant, the prosecution cannot appeal, retry, or bring the same charges again.

What is the difference between a "result crime" and a "conduct crime"?

A result crime requires a specific outcome (e.g., death in homicide), requiring proof of causation; a conduct crime (e.g., DUI or possession) is complete upon doing the act without requiring a result.

According to Barbri (p. 80), what two parts of causation must be proven for result crimes?

Cause-in-fact (actual cause) and proximate cause (legal cause).

How are Actual Cause and Proximate Cause distinguished in result crimes?

Actual cause uses the "but-for" test; proximate cause evaluates whether the result was a sufficiently direct and foreseeable consequence of the defendant's conduct.