Actus Reus
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Mens Rea
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Causation
two types: actual and proximate
Defenses
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Common law expression of mens rea
Intentional, knowing, willfully, negligently, reckless, maliciously
Specific Intent
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General Intent
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Model Penal Code Aspects of Culpability
Purposely, knowingly, recklessly, negligently
Actual cause
But-for
Substantial factor
But-for Test
But for the actions of the defendant, the outcome never would have occurred
Substantial Factor Test
Examines individual conduct alone and determines if the stand-alone actions would have caused the result
Acceleration Theory
If something has been done that is not enough to cause a result, but accelerates the result, there could still be liability
Proximate Cause
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Intervening Factor
Something that happens between the action of the defendant and the prohibited result
Superseding cause
Breaks the causal relationship between defendant's conduct and the prohibited result
Reasonably Foreseeable
Responsive actions that are consistent with the response in question does not break the causal chain
Apparent Safety Doctrine
Once the danger from the defendant is no longer present, they are no longer considered a proximate cause
Voluntary Human Intervention
When a victim makes a free and deliberate decision that contributes to his death, that decision should relieve the defendant of liability
De Minimis Causes
Very minor causes that will not be considered proximate causes and will not result in criminal liability
The law generally will not treat a very minor but-for cause as a proximate cause when responsibility can be attached to a far more substantial cause
Omissions
Failure to perform a legal duty when one has the capacity to do so
Will not supersede an earlier, positive act
Cannot be superseding factors
Intended Consequences Doctrine
If an intentional wrongdoer gets what they wanted in a general manner they wanted it, they should not, all else being equal, escape criminal responsibility even if an unforeseeable event intervened
Criminal liability can still be found for intended consequences even if they result from ways that weren't intended or foresaw
Concurrence of Elements
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Criminal Homicide
Unlawful killing of another being with malice aforethought
Malice aforethought
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