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| Preface Casebook Correlation Chart Capsule Summary Chapter 1 ACTUS.REUS AND MENS REA I. ACTUS REUS A. Significance of"actus reus" concept B. Distinguished from thoughts, words, possession and status 1. Statement of intent made to third party 2. Possession as criminal act 3. Status C. Act must be voluntary 1. Model Penal Code examples 2. Reflex or convulsion 3. Unconsciousness 4. Hypnotism 5. Self-induced state D. Omissions 1. Distinguished from affirmative 2. Limited liability for omissionsacts Quiz Yourself on ACTUS REUS II.MENS REA A. Introduction B. General versus specific intent 1. "General intent" 2. Specific intent C. Common law vs. statutory crimes D. Presumption of intent E. Different states of mind F. "Purposely" G. "Knowingly" H. "Recklessly" I. "Negligently" J. Strict liability 1. Constitutionality 2. Interpretation 3. Typical strict-liability provisions K. Vicarious liability L. Mistakes of fact or law 1. Grounds for confusion 2. General mental state 3. Mistake must be "reasonable" 4. Mistake of law 5. Modern view 6. Unreasonable mistake Lesser crime theory retained 8. Mistake of law as to collateral fact 9. Mistaken belief that conduct is not a crime 10. Exceptions to general rule Quiz Yourself on MENS REA. III. CONCURRENCE A. Concurrence generally B. Concurrence between mind and act ("temporal concurrence") 1. Mental state must cause act 2. Voluntary intoxication 3. Concurrence must be with act, not results 4. Concurrence may be with any act that is legal cause of harm C. Concurrence between mind and result 1. Different crime occurs 2. Recklessly- or negligently-caused result 3. Felony-murder and misdemeanor-manslaughter rules 4. Same kind of harm but different degree 5. Manner of harm 6. Different victim Quiz Yourself on CONCURRENCE Exam Tips on ACTUS REAS AND MENS REA Chapter 2 CAUSATION I. INTRODUCTION II. CAUSE IN FACT A. Cause in fact generally 1. Expansive test 2. "Substantial factor" test 3. Shortening of life 4. Murder victim must have been alive at time of act 5. Two people working together III. PROXIMATE CAUSE GENERALLY …… Chapter 3 RESPONSIBIULITY Chapter 4 JUSTIFICATION AND EXCUSE Chapter 5 ATTEMPT Chapter 6 CONSPIRACY Chapter 7 ACCOMPLICE LIABILITY AND SOLICITATION Chapter 8 HOMICIDE,AND OTHER CRIMES AGAINST THE PERSON Chapter 9 THEFT CRIMES AND OTHER CRIMES AGAINST PROPERTY |
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