Factual Causation: Begins the chain of events leading to harm.
Legal Causation: The harm is objectively foreseeable.
Intent
Malice Aforethought: Intent to kill.
Specific Intent/Purposely: Intent to cause a specific result, to do more than just the act itself (scienter).
General Intent/Knowingly: Intent to do the act, awareness of the consequences.
Recklessly: Aware of a risk of injury and unjustifiably takes it.
Negligently: Should be aware of the risk of injury but is not.
Strict Liability: No intent required; applies to general welfare offenses.
Essential Elements of a Crime
Act: Must be voluntary and not based on status or thoughts alone. Examples of involuntary acts include sleepwalking, hypnosis, or seizure.
Intent: The required mental state.
Concurrence: The act and intent must occur together.
Attendant Circumstances: Specified factors that must exist when the crime is committed (for some crimes).
Omission to Act
Liability for failure to act only exists if there is a duty to act. This duty can be based on:
Statute
Contract
Special Relationship
Could Include: Crime Methodology, Location, Victim Characteristics
Mistake of Fact
Misunderstanding the facts at the time of the crime.
It will negate criminal guilt if it shows the defendant did not have the required state of mind for the crime. For example, if someone takes property believing it to be theirs, it negates the intent to deprive another of the property, which is an element of larceny.
Strict Liability Cases: Mistake of fact is not a defense. Example: Selling alcohol to a minor, even with a convincing fake ID, can still result in guilt in a strict liability jurisdiction.
Mistake of Law
A defense that the defendant misunderstood or was ignorant of the law at the time.
Limited circumstances where it can be used as a defense:
When the law has not been published.
When the defendant relied upon a law or statute later overturned or deemed unconstitutional.
When the defendant relied upon a judicial decision that was later overruled.
When the defendant relied upon an interpretation by an applicable official.
Mens Rea and Actus Reus
Mens Rea: Mental State
Actus Reus: Physical Act.
Causation
Cause in Fact (But For Test): The harm would not have occurred