I. Central Concepts of Criminality
A. Actus Reus
1. Every crime must have an actus reus
2. actus reus = criminal act
3. Act must be voluntary
(a) Defenses: unconsciousness, intoxication, duress, self defense, and undiagnosed mental or physical illness
4. Possession
(a) Elements
(i) Knowing possession
(ii) Intentional possession
(b) Constructive possession
(i) Must prove sufficient nexus between the accused and the drug
(ii) Element of a sufficient nexus (not necessary that every element be present to establish)
(a) Ownership and/or occupancy of the premises upon which the drugs were found
(b) Incriminating statements
(c) Incriminating behavior
(d) Ability to exercise dominion or control over the drug
5. Inaction
(a) Failure to act when a duty exists – – constitutes a gross deviation from what a reasonable person would do
(b) Duties exist between
(i) Parent, legal guardian, adoptive parent & child
(ii) Captain & crew
(iii)Teacher & Child
(iv)Physician & patient
(v) Lifeguard & swimmer
(vi)Duty to pay taxes
(vii) Assumed duties
(a) Begin to help, must complete the act
B. Mens Rea
1. Mens Rea = criminal mind (intent)
2. Specific intent
(a) Intention to commit the specific act committed
3. General intent
(a) Intention to commit a criminal act but not the specific act charged
(b) Elements considered
(i) Environment
(ii) Circumstances
(iii)Conduct of the D
4. Model Penal Code Definition of Intent
(a) Minimum requirement of culpability
(i) Accused must act purposely, knowingly, recklessly, or negligently to have the required mens rea
(a) Purposely – intention or purpose to do the forbidden act or cause the forbidden result
(b) Knowingly – awareness of the conduct and circumstances – awareness that it is particularly certain the actor’s conduct will cause the intended result
(i) Ex. A man places a bomb on a plane to kill his wife. He only wants her to die. The bomb kills everybody on board. Man is charged with 1stº murder for his wife and 2ndº for everyone else.
(c) Recklessly – subjective fault – the actor must, in his own mind, realize the risk that his conduct involves but lacks substantial certainty. A gross deviation from what a normal person would consider appropriate.
(d) Negligently – Objective fault – Actor should be aware that the elements exist for a certain result to occur.
5. Transferred intent
(a) Cannot be used to elevate the crime
(b) Cannot be used to charge D with an unintended crime
(c) Prevents D from taking advantage of his own wrongdoing to excuse himself when the unlawful act strikes down an unintended victim
(i) Bottle throwing case – aimed at one, hit another, injured a third – criminally responsible for injury to third person
6. Reckless & Criminal Negligence
(a) Criminal negligence – su
homicide
(ii) A person is dead
(iii)There is objective proof that the death was caused by a criminal act
(c) When does life begin?
(i) Common Law = a child becomes a human being when born alive
(d) When does death occur?
(i) Originally cardiopulmonary death, the complete stoppage of the heart and circulation and a lack of breathing, constituted death.
(ii) The new standard is brain death – when the entire brain ceases to function
2. Criminal Homicide
(a) The unlawful killing of another without justification or excuse
(b) Excuses: self defense, police officer, mental defect, mitigating circumstances, adequate provocation
3. Murder
(a) Common Law – The unlawful killing of one human being by another with malice aforethought
(b) Shift from the common law – Division of murder into degrees
(i) 1stº
(a) Willful, deliberate, premeditated killing
(i) Poison, lying in wait
(b) Punishment – death or life in prison
(ii) 2ndº
(a) Generally: intentional killings that are not premeditated or deliberate but still include malice
(b) Accidental death arising out of an intention to inflict serious bodily injury, or
