Crim Final Flashcards


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created 7 months ago by ethanschmenk
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1

Actus Reus

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2

Mens Rea

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3

Causation

two types: actual and proximate

4

Defenses

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5

Common law expression of mens rea

Intentional, knowing, willfully, negligently, reckless, maliciously

6

Specific Intent

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7

General Intent

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8

Model Penal Code Aspects of Culpability

Purposely, knowingly, recklessly, negligently

9

Actual cause

But-for

Substantial factor

10

But-for Test

But for the actions of the defendant, the outcome never would have occurred

11

Substantial Factor Test

Examines individual conduct alone and determines if the stand-alone actions would have caused the result

12

Acceleration Theory

If something has been done that is not enough to cause a result, but accelerates the result, there could still be liability

13

Proximate Cause

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14

Intervening Factor

Something that happens between the action of the defendant and the prohibited result

15

Superseding cause

Breaks the causal relationship between defendant's conduct and the prohibited result

16

Reasonably Foreseeable

Responsive actions that are consistent with the response in question does not break the causal chain

17

Apparent Safety Doctrine

Once the danger from the defendant is no longer present, they are no longer considered a proximate cause

18

Voluntary Human Intervention

When a victim makes a free and deliberate decision that contributes to his death, that decision should relieve the defendant of liability

19

De Minimis Causes

Very minor causes that will not be considered proximate causes and will not result in criminal liability

The law generally will not treat a very minor but-for cause as a proximate cause when responsibility can be attached to a far more substantial cause

20

Omissions

Failure to perform a legal duty when one has the capacity to do so

Will not supersede an earlier, positive act

Cannot be superseding factors

21

Intended Consequences Doctrine

If an intentional wrongdoer gets what they wanted in a general manner they wanted it, they should not, all else being equal, escape criminal responsibility even if an unforeseeable event intervened

Criminal liability can still be found for intended consequences even if they result from ways that weren't intended or foresaw

22

Concurrence of Elements

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23

Criminal Homicide

Unlawful killing of another being with malice aforethought

24

Malice aforethought

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