Instructions,
Please number each question and write out each question before answering. For ease of reading, make sure to properly indent and space. Do not just submit your response and run everything together. You must cite your source of information for each question.
The book used for this course is either:
Wallace / Roberson “Principles of Criminal Law” : Use any edition, however, the fifth edition is recommended as the Chapters correspond to your Unit assignments.
ISBN-10 0135121582
ISBN-13 978-0135121580
Unit 3 – Chapter 3 – Basic Requirements of a Criminal Act
There are two requisites of each crime; the required act or failure to act [ actus reus] and the required mental state [ mens rea]. The term actus reus literally means “guilty act.” The justification of requiring actus reus is to prevent punishing a person merely for his or her thoughts. An old legal maxim says that you can not be punished for your evil thoughts but you may be punished for any actions associated with your evil thoughts.
An additional justification is based on the concept that criminal law should not be so broad as to reach those people who entertain criminal schemes in mind only, but never allow the thoughts to govern their conduct.
The practical reason for the actus reus requirement is that until a person does something, we have no objective proof of the seriousness of his or her thoughts. The act necessary to constitute the crime varies with each crime and is generally specified in the statute that establishes it. The general concept of mens rea is that criminal sanctions should not be imposed on those who innocently cause harm.
The easiest way to understand mens rea is to understand the four mental states that qualify as mens rea general intent, specific intent, transferred intent, and constructive intent. As we note later, constructive intent includes those situations where recklessness or negligence is sufficient to establish mens rea. General intent, for the most part, refers to the intent to commit the act ( actus reus) required for the crime. General intent is sufficient mens rea for most criminal offenses.
To establish general intent, it must be shown that the defendant acted with a malevolent purpose, the accused committed the required act while knowing that it was wrong. Once it is proven that the accused committed the required act, it is presumed that he or she had the necessary general intent.
It is often stated that a person is presumed to intend the natural and probable consequences of his or her knowing and deliberate acts. Generally specific intent refers to doing the actus reus with the intent to cause a particular result. The term specific intent is often used by the courts for crimes that require proof of a particular mental state of intent or knowledge. Unlike general intent, specific intent is not presumed but must be proven.
Associated with specific intent is the requirement of scienter. Scienter is a legal term meaning the degree of knowledge that makes a person criminally liable for his or her physical acts. When a certain state of knowledge (scienter) is required, the prosecution must allege the existence of the scienter in the indictment (charges) against the accused.
Chapter 4 – Inchoate or Anticipatory Crimes and Criminal Liability
Inchoate crimes also called preparatory or anticipatory crimes, are those acts that go beyond mere thought but occur before the substantive crime is complete. These are crimes in themselves even though the intended crime is not complete. In Chapter four you need to review Attempt, Conspiracy, Solicitation and parties to crimes (principals, accomplices and accessories).
Read Chapter 3 and 4:
Answer the following questions:
1. Define transferred intent and give a specific example.
2. What is the difference between an Accomplice and an Accessory to a crime? What is a “Feigned”Accomplice?
3. What TYPE of intent is necessary for the crime of Solicitation? For the crime of Solicitation does the person being solicited have to agree to committing the crime?
4. How many people are needed for the crime of Conspiracy? What does one have to do to legally withdraw from a criminal conspiracy?
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