Card Set Information
The General Principles of Criminal Liability
"Good Samaritan" doctrin
doctrine that imposes a legal duty to render or summon aid for imperiled strangers.
the criminal act or the physical element in criminal liability.
the latin name for "body of the crime"
the "state of mind" the prosecution has to prove beyind a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness and negligence.
physical possession; onthe possessor's person
American bystander rule
there's no legal duty to rescue or call for help to aid someone who's in danger even if helping poses no risk whatsoever to the potential rescuer.
attendant circumstances element
an accompanying or accessory fact, event, or condition required for criminal liability.
bad result crimes (result crimes)
serios crimes that include causing a criminal harm in addition to the conduct itself.
the requirment that actus reus must join with mens rea to produce criminal conduct or that conduct must cause a harmful result.
crimes requiring a criminal act triggered by criminal intent.
legal possession or custody of an item or substance
the physical element of criminal liability
-a bodily movement, muscular contraction
criminal conduct elements
1. conduct that is
2. without justification and
3. without excuse
--criminal act+criminal intent
actus reus, mens rea, concurrence, causation, and harmful result, which are the basis for the elements of crime the prosecution has to prove beyond a reasonable doubt.
--criminal conduct that qualifies for criminal punishment
criminal liability analytical steps
1. Is ther criminal conduct?
2. Is the conduct justified?
3. Is the conduct excused?
take two forms
-mere failure to act
-failure to intervene in order to prevent a serious harm
elements of a crime
the parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reus, mens rea, concurrence, causation, and bad result
failure to intervene (criminal omission)
one type of omission actus reus
failure to report (criminal omission)
one type of actus reus
awareness of physical possession
legal duty (in criminal omission)
liability only for duties imposed by contract, statute, or "special relationships"
legal fiction (in actus reus)
treating as a fact something that's not a fact if there's a good reason for doing so.
the requirement in law thae intentions have totuen into criminal deeds to be punishable.
one voluntary act is enough
conduct that included one voluntary act will satisfy the actus reaus requirement for criminal liabilty.
principle of mens rea
the principle that to secure a conviction the prosecution has to prove the state of mind of a defendant at the moment the crime was committed.
status (as actus reus)
who we are as opposed to what we do; a condition that's not an action can't substitute for action as an element in crime.
elements of criminal conduct crimes