Elements of Crime
- Mens Rea / Intent
- Dif. Intent @ C/L
- Specif. Intent
- Gen. Intent
- MPC Categ.
- Purpose 2 do forbidden act / 2 cause it
- Knowledge req'ed (like tax law)
- Where more than 1 mens rea in crime w/dif. levels
- Actus Reus / Act
- Concurrence of Mens Rea & Actus Reus
- Req'ed 4 homicide & other crimes that req.
some kind of result
- Actual Causation +
- But 4 test
- If more than 1 but 4 cause (concur. dir. liab.)
exists, use subst'l factor test
- Legal / Prox. Causation
- Some variations / effect 2 remote from actual
cause 2 hold resp.
- Variation in person / prop. harmed
- Manner of harm
- Type / degree of harm
- Then prox. cause
- Indir. / Intervening Acts
- Response (Close Link 2 D's Act) /
- If normal, prox. cause
- Suicide by depression, pain, etc. b/c rape normal
- Ord. neg. in med. attn. normal but not gross
nge., reckless, / intentional malpract.
- Coincidence (Events That Could Happen Anywhere)
- If foreseeable, prox. cause
- Intervening Acts Could B
- V (suicide)
- Third party (hosp.)
- D (cts gen'ly find prox. cause)
Theories of Punish.
- Specif. 2 indiv. person
- Gen. 2 pub.
- Persuade not 2 do something by punish.
- By putting people away, can't commit crime
- Reform & Help 2 B Better
- Revenge & Sense of Justice
Applic. of Law
- No Retro Application
- Ex Post Facto Law Rule
- Leg. Can't Expand Prior Rules
- D /P of Const.
- Jud. Must Give Fair Notice So Prohibit Retro
Applic. of Unforeseeable Jud'al Dec's
- Only if Maj. 's
- Presumptions (4 Jury 2 Find Intent in Homicide)
- Use of 1 Fact 2 Reach Concl. of Another Fact
- Enough 2 Go 2 Jury
- Mandatory But Rebuttable
- Must use 2 reach 2nd fact when 1st fact proved
- Can use 2 infer 1 fact when 1 fact proved
- Really stmt of law life felony murder
- At C/L
- Carnal Knowledge / Vaginal Intercourse
- Penetration, however slight
- Of Female Who Is Not Wife
- W /o Consent
- Resistance element
- Force / Threat of Force
- Need more than vaginal intercourse
- Resistance element (rsns study by yourselves)
- Gen. Intent Crime
- Stt'ry Rape 4 Under Age 10
- At Modern
- Other than vaginal intercourse may B incl'ed
- Penetration by other obj's
- Gender Neutral Person
- Consent & Force
- MPC elim's consent & focus on force
- CA incl's threat of force that's broader than
imm. bodily harm like retaliation / misuse by pub. official
- Incl's Other Sexual Crimes
- CA Adopted Mental Component
- Genuine & rational belief (subj. & obj.)
on consent is defense
- Elim's Resistance
- But lang. still intertwined like def. of unconsc.
- Stt'ry Rape 4 18 yrs. old
- Changes in Modern X in Proced.
- Jury Instructions
- Cautionary instruction is no longer given (ez
2 charge & hard 2 defend)
- Corroboration Rule
- Not req'ed in other crimes & abandoned 4
- Prior Sex History of V
- Before allowed now, restricted by rape shield
- Now, specif. sex activity 4 relev. can B used
but can't gen'ly use sex conduct 4 likely 2 consent arg.
- Psychological Exam of V
- Before allowed, now elim'ed by stt. / not allowed
- Changes in Pract'al Handling of
- Changes in DA, cts, etc.
This material is copyrighted by the author. Use of the material
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Ms. Haeji Hong
January 15, 1998