CRIMINAL LAW
Three types of crimes:
offense against state;
offense against property;
offense against persons.
Kinds of crime:
mala in se – bad in themselves
mala prohibita – bad because we say so
La. R.S. 14:7 Crime defined
A crime is that conduct which is defined as criminal in this Code, or in other acts of the legislature, or in the constitution of this state.
Elements of a crime:
act
intent
causation
La. R.S. 14:8 Criminal conduct
Criminal conduct consists of:
(1) An act or a failure to act that produces criminal consequences, and which is combined with criminal intent; or
(2) A mere act or failure to act that produces criminal consequences, where there is no requirement of criminal intent; or
(3) Criminal negligence that produces criminal consequences.
ACT – actus reus
Crime requires conduct. The conduct can be an act, an omission where there is a legal duty to act. The act must be voluntary. The act must be prohibited by law.
State v. Stratton – Truly involuntary act that results in unintended homicide is not “criminal conduct” and is not contemplated by statute describing circumstances wherein homicide is legally excused or justified. Questioned whether a true reflex was involuntary or unwilled.
State of NJ v. Overton – Required state to prove defendant acted “knowingly” to convict him of endangering welfare of a child and child abuse. Defendant claimed he was sleepwalking. To act knowingly with respect to a result of his conduct, a person must be aware that his conduct is practically certain to cause such a result.
State/Kuntz v. Montana 13th JDC – “bystander law” – For criminal liability to be based on failure to act, there must be duty imposed by the law to act, and per
Strict Liability – acts that require only the conduct for prosecution; intent is never an issue
There are three basic times when strict liability is imposed:
– public welfare offenses
– elements of certain sex offenses that do not affect the immorality of the defendant’s behavior
– elements of any crime that do not affect the criminality of the defendant’s behavior.
INTENT – mens rea
A man intends the natural consequences of his actions.
“Mens Rea” means the mental state required for crime. Crimes that require mens rea are crimes of specific or general intent.
Crimes that do not require mens rea are crimes of strict liability.
Intent can be inferred by totality of circumstances.
