2025.02.10+Starosta%27s+Criminal+Law+Lecture+%28Topic+1%29+Part+3

Overview of Criminal Liability

• Understanding the elements of criminal liability provides context and terminology essential for discussing cases.

Key Elements of Criminal Liability

1. General Structure

• Actus Reus: The physical act or conduct in a crime.

• Mens Rea: The mental state or intent of the accused during the commission of the crime.

• For conviction, both actus reus and mens rea must be proven.

2. Actus Reus Subdivisions

• Criminal liability is divided into four key elements:

  • Conduct: The act or decision taken by the accused, which can include:

    • Commission: A positive act that causes an unlawful consequence.

    • Omission: A failure to act where there is a legal duty to act.

    • State of Affairs: Situations that may not classify neatly as acts or omissions.

  • Voluntariness: Actions must be under the control of the accused's conscious will.

  • Causation: The act or omission must lead to an unlawful consequence, crucial in consequence crimes.

  • Unlawfulness: Determines if the act is prohibited by law; assumes positive acts are unlawful unless justified.

3. Conduct Details

• Positive Acts: Actions taken by the accused (e.g., shooting someone).

• Omissions: Failure to act (e.g., not helping someone in danger) that can only be unlawful if there is a duty to act.

• State of Affairs: Scenarios where standing or situational factors lead to liability (e.g., possessing illegal drugs).

4. Voluntariness

• To establish guilt, the conduct must be voluntary; involuntary actions (due to medical conditions like epilepsy) may absolve liability.

  • Example: Actions during involuntary states (like seizures) do not fulfill the element of voluntariness.

5. Causation

• In consequence crimes, proving that the accused's conduct caused the unlawful result is vital:

  • Factual Causation: Direct link between the act and result.

  • Legal Causation: Whether the result is within the reasonable foreseeability of the accused's actions.

6. Unlawfulness

• A positive act leading to a harmful consequence is generally considered unlawful unless justified.

• Justifications may include self-defense, consent, and necessity.

Mens Rea (Mental State of Accused)

1. Definition

• Refers to the accused's mental state at the time of committing the crime, which impacts liability.

2. Capacity Requirements

• Insight: The accused must understand right from wrong.

• Ability to Act: The accused must be able to act according to their understanding of right and wrong.

• If the accused lacks capacity due to mental illness or youth, they cannot be convicted.

3. Types of Criminal Fault

• Intention: One must act with intent (dolis) for serious crimes like murder and rape.

  • Dolus Eventualis: Foreseeing the possibility of a crime and acting recklessly despite that foresight.

  • Dolus Directus: Direct intent to bring about a prohibited consequence.

  • Negligence: Can apply in cases like culpable homicide, highlighting failure to act as a reasonable person would.

4. Conclusion

• Summary of Criminal Liability: Elements include conduct, voluntariness, causation, unlawfulness, capacity, and fault. All elements must be met for conviction.