Elements of Crime and Justifications
- 1. Elements of Crime and Justifications notes (2/17) *Also see pages 102-113 of your textbook
- 2. Elements of a Crime A. There are 2 essential elements required for criminal liability: 1. Actus Reus (Criminal Act) 2. Mens Rea (Guilty Mind or Criminal Intent) a. Purpose b. Knowledge c. Negligence d. Recklessness B. Exceptions: "Strict Liability Laws"--can be guilty w/o mens rea. Usually involve endangering the public in some way.
- 3. Defenses to Crime A. Excusable 1. Insanity M'Naughton Rule (applies in MN)--a person is legally insane and not criminally responsible if they a) didn't know what they were doing or b) they were unable to distinguish right from wrong. 2. Involuntary Intoxication --often involves side effects. (Voluntary Intoxication is less common and 12 states have eliminated it.) 3. Mistake of fact --e.g. accidentally walk off with someone else's property. (Mistake of law is usually not valid; "Ignorance of law is no excuse.")
- 4. Defenses to crime (cont.) B. Justifiable 1. Duress --when wrongful, serious threat causes a person to perform an act they would otherwise not perform a. threat is immediate and inescapable b. must not be involved through one's own fault 2. Self-defense --when a person believes they are in danger of being harmed (or their dwelling or other property) they are justified in defending themselves. a. deadly force can only be used if person thinks that imminent death or serious bodily harm will otherwise result.
- 5. Defenses cont. 3. Entrapment --when police or other officials talk a person into committing an illegal act that they are not otherwise predisposed to commit.