Essential elements of a crime.
Actus Reus (Guilty Action), Mens Rea (Guilty Mind), Concurrence, Harmful Result and Causation
What are the four essential elements of a crime?
Guilty physical action or unlawful omission by the defendant.
What is Actus Reus?
Conduct which is not the product of the actor's determination. Physical acts resulting from seizures or convulsion. Acts while the defendant was asleep or unconscious.
What are the three parameters that define involuntary acts in regards to Actus Reus?
You have a legal duty to act and do not act. The reasonableness test.
In what two ways can omission be a crime?
The state asks people to do what is reasonable, it does not ask people to do what is unreasonable.
What is the reasonableness test?
Statutory duties, contractual duties, voluntary assumption of care, duty based relationships, duty based on creation of peril.
When do you have a legal duty to act?
A guilty state of mind or intent at the time of the act.
What is Mens Rea?
The guilty act and the guilty mind must occur at the exact same time.
What is concurrence?
The defendant carried out the act.
What is factual harm?
The defendant used power of suggestion, manipulation, or subliminal messages to cause another to act in a harmful manner.
What is proximate harm?
Specific intent, general intent, transferred intent, motive, strict liability offenses.
What five terms are related to Mens Rea.
What are strict liability offenses?
Motive is the underlying reason for why we do what we do.
What is motive?
You must prove the defendant did the act. You must prove the defendant did the act with a specific goal, purpose, or objective in mind.
What must be proven in a specific intent case?
You must prove the defendant did the act. You must prove the defendant was capable enough to understand his actions would cause harm.
What must be proven in a general intent case?
If you intend to harm one person or thing and harm or injure another person or thing the intent will be transferred.
What is transferred intent?
You must prove the defendant did the act.
What must be proven in strict liability offenses?