Criminal Law - Keith Wilmot

Criminal Law - Keith Wilmot

Criminal Law Chapter 4 The General Principles of Criminal Liability: Mens Rea, Concurrence, and Causation Joel Samaha, 9th Ed. The Principle of Mens Rea The mental element, mental attitude or state of mind He who killswithout intent to kill should be acquitted, because a crime is not committed unless the intent to injure intervene; and the desire and purpose distinguish evildoing (Bracton, 1256, quoted in Sayre, 1932, 985). Western civilized nations have long looked to the wrongdoers mind to determine both the propriety and the grading of punishment (U.s. v. Cordoba-Hincapie, 2001, 489). The Complexity of Mens Rea

Mens rea must be proved beyond a reasonable doubt Mens rea is difficult to discover and prove in part due to vague and incomplete legislative definitions of the mental element. Confessions are the only direct evidence of mental attitude, however, indirect circumstantial evidence is the norm most often used. Culpability = blameworthiness

Intent in criminal law is more complex than the dictionary definition. There is a problem with the relationship between mental attitude and motive. Different mental attitudes might apply to each of the elements of a crime. Types of Intent General Used commonly in cases to mean the intent to commit any criminal act defined as the actus reus in a criminal statute

Specific Specific Intent Crimes are characterized by these adjectives: deliberate, intended, planned Transferred or Constructive Criminal Negligence General Intent When prohibited or commanded by law

Often, by doing something intentionally Some courts define general intent such that it is synonymous with mens rea, and includes both subjective and objective faults Inferred from your actions or failure to act In Commonwealth v. Gagne, the court defined general intent as an unconscious action or a reflex Specific Intent

A designated state of mind required to commit the particular crime Usually outlined in the law or statute For example: With the intent to disfigure Mayhem With the intent to defraud Embezzlement or forgery With the intent to kill Murder Usually limited to attitudes with subjective fault (fault that requires a bad mind in the actor) Transferred Intent

Also referred to as constructive intent Assumes a liability to the perpetrator for unintended consequences of the act Like what? A criminal justice student gets an F on his final, and is enraged by this. He decides to take out his anger on his professor by shooting him with a shotgun but, in the process of shooting his professor, he misses and hits one of his fellow classmates, causing his death.

Explain the facts and opinion in People v. Dismone, (650 N.W.2d 436 (2002 Mich.App.). Criminal Negligence Such as failure to ensure proper care or control while performing an act Or in a culpable (wrongful) failure to perform a duty Usually with wantonness, flagrant or reckless disregard for the safety of others Examples:

Criminally negligent homicide Negligent endangerment of a child The Model Penal Codes Four Mental States Purpose: State v. Stark, 832 P.2d 109 (Wash.App. 1992); and, Commonwealth v. Barnette, 699 N.E.2d 1230 (Mass.App. 1998) Knowledge: State v. Jantzi, 641 P.2d 62 (Or.App. 1982) Recklessness: Koppersmith v. State, 742 So.2d 206 (Ala.App. 1999)

Negligence: Koppersmith v. State Strict Liability U.S. Supreme Court upheld power of legislatures to create strict liability offenses to protect the public health and safety, e.g., unsafe workplaces and adulterated foods Must make clear imposing liability without mens rea Penalties are usually mild for strict liability offenses, e.g., fines not jail times

The Principle of Concurrence The principle of concurrence applies to both crimes: Criminal conduct crimes, and Bad result crimes So all crimes, except strict liability offenses, are subject to the concurrence requirement Concurrence Principle of concurrence requires

Trigger a criminal act (actus reus) Criminal intent (mens rea) Angela hates her roommate Katie and plans to kill her by running her over with her Hummer but, as Angela is heading to run over Katie, a complete stranger runs Katie over with his Jeep. Angela runs over to Katies body is dancing around it gleefully. Concurrence here means that the criminal conduct has to produce the criminal harm , it cannot be a coincidence. The Principle of Causation

Principle of causation is about attribution (also called imputation) This is when the law holds an actor accountable for the results of his/her conducts. Causation applies to bad-result crimes Elements of Causation Factual cause

Also called but for cause of death or other bodily harm. But for cause means, if it were not for an actors conduct, the result would not have occurred. Legal cause Also called proximate cause of death or other bodily harm. Is it fair to blame the defendant for this harm? What is an intervening cause? What are the facts and opinion in Commonwealth v. McCloskey, 835 A.2d 801 (Pa.Super 2003)? Ignorance and Mistake of Fact

Ignorance of the law is no defense, but mistake of fact is a defense Ignorance of the law is an absence of knowledge about facts or law, while mistake of the law is when you are wrong about them, i.e. you believe they are one thing, when they are really another. The Principle of Legality 3 Elements Rules of law express objective meanings Only authorized competent officials can declare what is

objective Only official interpretations are legal Criminal laws cannot be ignored or contradicted by allowing defendants to plead that their ignorance or mistake of law negated the mental element of a crime. ** In other words, final interpretation is determined by the court.

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