Presentation on theme: "Criminal Law Chapter 4 The General Principles of Criminal Liability: Mens Rea, Concurrence, and Causation Joel Samaha, 9th Ed."— Presentation transcript:
1Criminal LawChapter 4The General Principles of Criminal Liability: Mens Rea, Concurrence, and CausationJoel Samaha, 9th Ed.
2The Principle of Mens Rea The “mental element,” “mental attitude” or “state of mind”“He who kills…without 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 wrongdoer’s mind to determine both the propriety and the grading of punishment”(U.s. v. Cordoba-Hincapie, 2001, 489).
3The Complexity of Mens Rea Mens rea must be proved beyond a reasonable doubtMens 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 = blameworthinessIntent 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.
4Types of Intent General Used commonly in cases to mean the intent to commit any criminal act defined as the actus reus in a criminal statuteSpecificSpecific Intent Crimes are characterized by these adjectives:deliberate, intended, plannedTransferredor ConstructiveCriminal Negligence
5General Intent When prohibited or commanded by law Often, by doing something intentionallySome 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 actIn Commonwealth v. Gagne, the court defined general intent as an “unconscious” action or a “reflex”
6Specific IntentA designated state of mind required to commit the particular crimeUsually outlined in the law or statuteFor example:With the intent to disfigureMayhemWith the intent to defraudEmbezzlement or forgeryWith the intent to killMurderUsually limited to attitudes with subjective fault (fault that requires a “bad mind” in the actor)
7Transferred Intent Also referred to as constructive intent Assumes a liability to the perpetrator for unintended consequences of the actLike 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.).
8Criminal NegligenceSuch as failure to ensure proper care or control while performing an actOr in a “culpable” (wrongful) failure to perform a dutyUsually with wantonness, flagrant or reckless disregard for the safety of othersExamples:Criminally negligent homicideNegligent endangerment of a child
9The Model Penal Code’s 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
10Strict LiabilityU.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 foodsMust make clear imposing liability without mens reaPenalties are usually mild for strict liability offenses, e.g., fines not jail times
11The Principle of Concurrence The principle of concurrence applies to both crimes:Criminal conduct crimes, andBad result crimesSo all crimes, except strict liability offenses, are subject to the concurrence requirement
12Concurrence 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 Katie’s body is dancing around it gleefully.Concurrence here means that the criminal conduct has to produce the criminal harm , it cannot be a coincidence.
13The 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
14Elements of Causation Factual cause Legal cause Also called “but for” cause of death or other bodily harm. “But for” cause means, if it were not for an actor’s conduct, the result would not have occurred.Legal causeAlso 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)?
15Ignorance 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.
16The Principle of Legality 3 Elements…Rules of law express objective meaningsOnly 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.