Chapter 6 outline

Topics: Criminal law, Mens rea, Murder Pages: 3 (985 words) Published: October 15, 2014
CASE 6 – ACCIDENT OR HOMICIDE? The shooting of Yoshi Hattori CHAPTER 6 – PRINCIPLES OF THE CRIMINAL LAW
Factual guilt- guilty based upon the facts, though not necessarily legally guilty Legal guilt - proof of criminal liability beyond a reasonable doubt by admissible evidence within a court of law. Criminal liability - the degree of blameworthiness assigned to the defendants as a result of legal adjudication Elements of a crime – the five key elements common to almost all criminal statutes which must be proven within the court of law beyond a reasonable doubt according to the rules of criminal procedure to establish legal guilt. THE MATERIAL ELEMENTS OF CRIME

a. “beyond a reasonable doubt” - the standard of proof necessary for a conviction in criminal trials; the highest possible standard b. Preponderance of evidence – the standard of determining legal liability in civil trials requiring a certainty of more than 50 percent of defendant guilt c. Actus reus- the physical element of the criminal act

d. Mens rea- the mental element in crime or criminal intent or the guilty mind 1. ACTUS REUS
e. Human conduct rule- the requirement that some human action is required for criminal liability; thought is not sufficient 2. MENS REA
a. Motive- reason a person commits a particular action
b. Degree-the level of seriousness of the crime
c. Specific intent- the thoughtful and conscious intention to perform a specific act in order to achieve a particular crime d. General intent- state of mind inferred from the behavior or conduct itself to commit the act e. Criminal negligence- unconscious creation of high risk of harm f. Constructive intent- the actor doesn’t intend harm but their conduct violates basic standards of responsible conduct g. Criminal recklessness- knowing creation of high risk of harm to others h. Strict liability statutes- crimes for which one may incur liability without fault or intent 3. LEGAL DEFINITIONS OF CRIMINAL HOMICIDE

a. Homicide –the killing...
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