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CRIMINAL ACT - Coggle Diagram
CRIMINAL ACT
MENS REA
CULPABILITY
BROAD INTERPRETATION
MORALLY BLAMEWORTHY
ELEMENTAL
NARROW INTERPRETATION
SPECIFIED MENTAL STATE
CAN'T PUNISH THOUGHTS ALONE
COMMON LAW TERMS
RECKLESSLY "AWARE OF RISK"
NEGLIGENTLY "GROSS DEVIATION"
WILLFULLY "INTENTIONALLY"
KNOWINGLY (ACTUAL KNOWLEDGE NOT REQUIRED)
INTENTIONALLY "VIRTUALLY CERTAIN"
MPC TERMS
KNOWINGLY "PRACTICALLY CERTAIN"
RECKLESSLY
"CONSCIOUS DISREGARD"
PURPOSELY "CONSCIOUS PURPOSE"
NEGLIGENTLY "GROSS DEVIATION"
MUST POSSESS REQUISITE ELEMENT
TRANSFERRED INTENT
STRICT LIABILITY
REASONABLE STANDARD
REL. MINOR PENALTY
SINGLE VIOLATION CAN INJURE MANY
CONVICTION DOESN'T DAMAGE REPUTATION
PUBLIC WELFARE OFFENSES
MISTAKE OF FACT
GENERAL INTENT = MENTAL STATE + ACT
MISTAKE MUST BE REASONABLE
SPECIFIC INTENT = MOTIVE + ATTEND. CIRCUM.
MISTAKE MAY BE UNREASONABLE
LEGAL WRONG DOCTRINE = MORE SERIOUS CRIME COMMITTED THAN ONE INTENDED
MPC: MISTAKE REDUCES SENTENCE
ACTUS REUS
VOLUNTARY IS NOT SYNONYMOUS W/ INTENTIONAL
NARROW INTERPRETATION
VOLITIONAL
DOES NOT INCLUDE:
SLEEPWALKING
UNCONSCIOUS
SPASMS
FAILURE TO ACT
SOCIAL HARM
RESULT CRIME
CONDUCT CRIME (ABSTRACT HARM)
ATTENDANT CIRCUMSTANCES
OMISSION EXCEPTIONS
ASSUMED DUTY OF CARE
SECLUDES PERSON, PREVENTING AID
SPECIAL RELATIONSHIP (PARENT-CHILD)
CREATING RISK OF HARM
REQUIRED BY STATUTE
MISTAKE OF LAW
EXCEPTIONS:
REASONABLE RELIANCE
FAIR NOTICE
FAILURE OF PROOF WHERE KNOWLEDGE IS REQUIRED
"IGNORANCE OF THE LAW IS NO EXCUSE"