1. 1 Components of a Crime: Criminal Acts, Criminal Intent & Legal Causation Criminal Law & Procedure Mike Brigner, J.D.

2. 2 Resources Text, Chapter 3 R.C. 2901.21 Voluntary vs. Involuntary R.C. 2901.22 Criminal intent: State of mind Website for Ohio Revised Code: http://www.legislature.state.oh.us/laws.cfm http://www.legislature.state.oh.us/laws.cfm

3. 3 Classifications of Crimes By object of crime Crimes against –Life –Habitation –Property –Public order –Public morality By seriousness of mental state (mens rea) –Aggravated murder purposeful –Manslaughter knowingly –Reckless homicide reckless –Negligent homicide negligent

4. 4 Actus Reus = Wrongful or Guilty Act Every crime requires an ACT. Why? 1. Thoughts are hard to prove 2. Thoughts do not cause harm

5. 5 Actus Reus = Wrongful or Guilty Act And... 3. Law could be abused: “Thought Police” & “Thought Control”

6. 6 Voluntary Act or Not? “Voluntary” or “Involuntary” refer to PHYSICAL ACTS: Voluntary –R.C. 2901.21(D)(1) Involuntary –R.C. 2901.21 (D) (2) –Sleepwalking? –Epileptic seizure?

7. 7 Mens Rea = Wrongful State of Mind Purposely Knowingly Recklessly Negligently R.C. 2901.22 (A), (B), (C), (D)

8. 8 Mens Rea = Wrongful State of Mind (A) Purposely = Intention to accomplish a specific result (B) Knowingly = Knowing conduct almost certainly will cause particular result, but no specific intent to cause that result (C) Recklessly = Knowing there is substantial & unjustifiable risk that conduct might cause a particular result, but with no specific intent to cause that result

9. 9 Mens Rea = Wrongful State of Mind (D) Negligently = Thoughtlessly or carelessly creating significant unjustifiable risk of harm w/o realizing risk or w/o specific intent to create risk. But, a reasonable person would know the act created such a risk R.C. 2901.22 (A), (B), (C), (D)

10. 10 Mens Rea = Wrongful State of Mind Possible defenses as to state of mind: –Insanity: mental defect or illness –Fit of passion/grief: temporary mental illness –Head injury affecting judgment –Duress: gun to your head –Mistake: hunter thinks man is a deer –Self-defense: acting to save your life –Emergency: acting so save another’s life

11. 11 Possession Crimes Possession of unlawful objects, including –some weapons –illegal drugs –wiretapping devices –stolen property

12. 12 Possession Crimes Can be possession of lawful objects when combined w/intent to commit unlawful act –burglary tools –drug paraphernalia Actual Possession means? Under direct physical control Constructive Possession = Knowledge of item + control of area

13. 13 Strict Liability Crimes Intent is irrelevant. Wrongful act all that’s needed. Why have S.L.? Mens rea too hard to prove + crimes with many prosecutions Greater the harm to public, the more likely the offense will be strict liability Examples: –Traffic offenses--Selling liquor to a minor –Boarding aircraft with a weapon --Jaywalking

14. 14 Strict Liability Crimes PLUS & MINUS PLUS: Makes prosecution of dangerous conduct easier MINUS: Makes conviction of innocent people easier NEXT: We examine some Ohio crimes that illustrate levels of mental state (mens rea)

15. 15 Criminal Homicide - R.C. 2903 Aggravated Murder -.01 - –Purposely and with prior calculation, cause another’s death, or –Kill child, kill police officer, or kill as a result of committing most serious felonies Murder -.02 - –Purposely cause another’s death, as result of committing any other felony

16. 16 Criminal Homicide - R.C. 2903 Voluntary Manslaughter -.03 - –Knowingly cause victim’s death, under a sudden rage/passion brought on by victim’s own serious provocation Involuntary manslaughter -.04 – –Cause another’s death as a result of an underlying felony/misdemeanor

17. 17 Criminal Homicide - R.C. 2903 Reckless homicide - 04.1 - –Recklessly cause another’s death Negligent homicide -.05 – –Negligently, by means of a deadly weapon or dangerous ordnance* cause another’s death *Dangerous ordnance defined at RC 2923.11(K)

18. 18 Criminal Homicide - R.C. 2903 Aggravated vehicular homicide -.06(A)(1) & (2) –(1) Under the influence (R.C. 4511.91(A)), or –(2) Recklessly Vehicular homicide -.06(A)(3) & (4) –(3) Negligently, or –(4) As result of moving violation

19. 19 Harm and Causation Most crimes require harm: damage, injury, loss More serious the harm, the more serious punishment Exception: Inchoate (incomplete) crime such as attempt - no harm element required Crimes also require causation: a link between intent, act, and harm Always ask: What is the proximate cause? Proximate cause is not the same as scientific cause

20. 20 The Proximate Cause... 1....is the act that is most closely & directly responsible for the harm 2. The result must be a foreseeable consequence of the act, for that act to be the proximate cause

21. 21 Supervening Cause Another event may intervene between act and harm, and become the actual cause of the harm This is called a Supervening (or Superseding) Cause This new & independent act breaks the original causal connection and becomes the new proximate cause

22. 22 When does a Supervening Cause become the Proximate Cause? In Class Exercise: Read C.,”Supervening Causes” Text pages 60-61 In Herbert, Shabazz, Weidler, & Cook cases, was the original wrongdoer the proximate cause of the harm, or was the supervening cause the proximate cause? How did the court use “foreseeability” to decide each case?

23. 23 Components of a Crime: Criminal Acts, Criminal Intent & Legal Causation Concluded