A Criminal Act
• Actus reus = criminal act
– Wrongful deed
– Society will not punish for a status
• Robinson v. California (1962) (page 386)
– Involuntary Conduct
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A Criminal Act
• Actus reus = criminal act
– Wrongful deed
– Society will not punish for a status
• Robinson v. California (1962)
– Involuntary Conduct
• Sleep Walking
• DUI
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A Criminal Act
• Actus reus = criminal act
– Wrongful deed
– Society will not punish for a status
• Robinson v. California (1962)
– Involuntary Conduct
– Possession as an Act
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A Criminal Act
• Actus reus = criminal act
– Wrongful deed
– Society will not punish for a status
• Robinson v. California (1962)
– Involuntary Conduct
– Proof of an Act
– Possession as an Act
– Criminal Failure to Act
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The Elements of the Crime
• A Criminal Act
• A Criminal State of Mind
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The Elements of the Crime
• A Criminal Act
• A Criminal State of Mind
– mens rea = a guilty mind
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The Elements of the Crime
• A Criminal Act
• A Criminal State of Mind
– General Intent = the willful commission of an
act
– Specific Intent = something additional
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Criminal Intent
• Purposely
• Knowingly
• Recklessly
• Negligently
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(a) Purposely/Intentionally.
A person acts purposely with respect to a
material element of an offense when:
(i) if the element involves the nature of his
conduct or a result thereof, it is his
conscious object to engage in conduct of
that nature or to cause such a result; and
(ii) if the element involves the attendant
circumstances, he is aware of the existence
of such circumstances or he believes or
hopes that they exist.
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The Elements of the Crime
• A Criminal Act
• A Criminal State of Mind
• Concurrence of a Criminal Act and a
Criminal State of Mind
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Attendant Circumstances
Attendant circumstance (sometimes external
circumstances) is a legal concept which Black's Law
Dictionary defines as the "facts surrounding an event."
• Criminal Trespass to Vehicle
• Perjury
• Bigamy
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(b) Knowingly.
A person acts knowingly with respect to a
material element of an offense when:
(i) if the element involves the nature of his
conduct or the attendant circumstances, he
is aware that his conduct is of that nature or
that such circumstances exist; and
(ii) if the element involves a result of his
conduct, he is aware that it is practically
certain that his conduct will cause such a
result.
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(c) Recklessly.
A person acts recklessly with respect to a
material element of an offense when he
consciously disregards a substantial and
unjustifiable risk that the material element
exists or will result from his conduct. The risk
must be of such a nature and degree that,
considering the nature and purpose of the
actor's conduct and the circumstances
known to him, its disregard involves a gross
deviation from the standard of conduct that a
law-abiding person would observe in the
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actor's situation.
(d) Negligently.
A person acts negligently with respect to a
material element of an offense when he
should be aware of a substantial and
unjustifiable risk that the material element
exists or will result from his conduct. The risk
must be of such a nature and degree that
the actor's failure to perceive it, considering
the nature and purpose of his conduct and
the circumstances known to him, involves a
gross deviation from the standard of care
that a reasonable person would observe in©
the actor's situation.
How does motive differ from
intent in criminal law?
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• A Criminal Act
• A Criminal State of Mind
– General Intent = the willful commission of an
act
– Specific Intent = something additional
– Proving Criminal Intent
• Circumstantial Evidence
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The Elements of the Crime
• A Criminal Act
• A Criminal State of Mind
• Concurrence of a Criminal Act and a
Criminal State of Mind
• Causation = A relationship between two phenomena in
which the occurrence of the former brings about change in the latter.
In the legal sense, causation is the element of a crime that requires
the existence of a causal relationship between the offender’s
conduct and the particular harmful consequences.
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• A Criminal Act
• A Criminal State of Mind
• Concurrence of a Criminal Act and a
Criminal State of Mind
• Causation = A relationship between two phenomena in
which the occurrence of the former brings about change in the latter.
In the legal sense, causation is the element of a crime that requires
the existence of a causal relationship between the offender’s
conduct and the particular harmful consequences.
– Intervening Act
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At the State's request--and over defendant's
objection--the trial court instructed the jury
as follows:
"The expression 'proximate cause,'
means any cause which, in [266 Ill.App.3d
377] the natural or probable sequence,
produced the death or great bodily harm
complained of. It need not be the only
cause, nor the last or nearest cause. It is
sufficient if it concurs with some other cause
acting at the same time, which in
combination with it, causes the death or ©
great bodily harm."
Liability without Fault
• Strict Liability
– Selling Liquor to Minors
– Statutory Rape
– Teachers having Sex with Minors
• Vicarious Liability
• Enterprise Liability
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Liability without Fault
• Strict Liability
– Selling Liquor to Minors
– Statutory Rape
– Teachers having Sex with Minors
• Vicarious Liability
• Enterprise Liability
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