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CHAPTER FOUR

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Don't have to intend to cause harm ... State v. Loge. Causation. Did the criminal conduct cause a particular result? Factual cause ... – PowerPoint PPT presentation

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Title: CHAPTER FOUR


1
CHAPTER FOUR
  • THE GENERAL PRINCIPLES OF CRIMINAL LIABILITY
    MENS REA, CONCURRENCE, CAUSATION

2
Levels of Mens Rea
  • 4 mental states of intent
  • General intent
  • Specific intent
  • Transferred intent
  • Constructive intent
  • Levels of culpability
  • Intentionally
  • Knowingly
  • Recklessly
  • Negligently

3
Mens Rea
  • People v. Disimone

4
Intentionally
  • Specific intent or conscious objective is to
    engage in the crime or cause the result
  • State v. Stark

5
Knowingly
  • Dont have to intend to cause harm
  • Your conduct is such that you know you will cause
    harm even it you dont intend to
  • State v. Jantzi

6
Recklessly and Negligently
  • Elements of recklessness
  • Aware of substantial and unjustifiable risk
  • Disregarding the risk is a gross deviation from
    what a reasonable person would do
  • Elements of negligence
  • Should know creating a risk, but dont actually
    know
  • Creating risk unconsciously
  • Koppersmith v. State

7
Strict Liability
  • No mens rea requirement
  • What do you have to prove?
  • Why do we have strict liability crimes?
  • State v. Loge

8
Causation
  • Did the criminal conduct cause a particular
    result?
  • Factual cause
  • Legal cause
  • Proximate cause or intervening cause
  • Types of intervening causes
  • Coincidental intervening acts
  • Responsive intervening acts

9
Causation
  • Commonwealth v. McCloskey

10
THE GENERAL PRINCIPLES OF CRIMINAL LIABILITY
MENS REA, CONCURRENCE, CAUSATION
  • END CHAPTER FOUR
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