Module 4: Criminal Law Substantial Part

• • What are the four elements of a crime?
  • The four elements of a crime are legal, material, moral, and illegality.
• • What is the legal element of a crime?
  • The legal element of a crime is that it must be regulated within a criminal norm.
• • What is the material element of a crime?
  • The material element of a crime is a voluntary act or omission that causes harm condemned under a criminal statute.
• • What is the moral element of a crime?
  • The moral element of a crime is a certain state of mind, such as acting purposely, knowingly, recklessly, or negligently.
• • What is the illegality element of a crime?
  • The illegality element of a crime refers to the act being considered illegal and not protected by other legal rights.
• • What are the four elements of criminal liability?
  • The four elements of criminal liability are actus reus, mens rea, causation, and harm.
• • What does actus reus refer to?
  • Actus reus refers to the guilty act, which includes a voluntary act, causation, and harm.
• • Can failure to act (omission) form the basis of actus reus?
  • In almost every jurisdiction, failure to act is not a crime unless a duty of care is imposed by law or an agreement.
• • Can preparatory acts be punished?
  • Preparatory acts cannot be punished, such as expressing intent to kill someone in a diary.
• • What is required for causation to be established?
  • For causation to be established, the defendant's conduct must contribute to the prohibited consequence, and the harm must be a foreseeable result.
• • What can break the chain of causation?
  • An intervening factor that happens after the defendant's conduct can break the chain of causation.
• • What is mens rea?
  • Mens rea is the guilty mind and refers to the intention behind the act, not to be confused with motive.
• • What is the difference between intent and motive?
  • Intent is the deliberate action with the intention of causing harm, while motive is the underlying reason that inspires the individual to act.
• • What is an example of general intent?
  • An example of general intent is accessing a computer system to obtain data, as described in the provision.
• • What is an example of special intent?
  • An example of special intent is inferred from the circumstances, such as the force of the blow or the targeted parts of the body.
• • What is an example of an individual with intent?
  • Aaron Swartz co-founded Demand Progress and initiated a campaign against Internet censorship bills.
• • What is the legal justification for committing an act to avert a present danger?
  • The protected interest substantially outweighs the one interfered with and there was no other means of protection.
• • Give an example of an act justified under the principle of necessity.
  • Driving without a license while trying to bring a relative giving birth to the hospital.
• • Under what conditions is breaking into someone else's house justified under the principle of necessity?
  • When trying to avoid fire in one's own flat and there is no other means of protection.
• • In what situation is turning the wheel to avoid a bus coming from the wrong direction considered justified?
  • When the protected interest of avoiding harm substantially outweighs the harm caused to another person.
• • What are excuse defences in criminal law focused on?
  • The mental state of the actor that demonstrates they should not be held responsible for their actions.
• • What condition must be met for a person suffering from a mental illness to be legally considered excused?
  • They cannot appreciate the criminality of their conduct or conform to the requirement of the law.
• • What are the two forms of incapacity in relation to mental illness in excuse defenses?
  • Diminished capacity (which reduces the charges) and absolute incapacity (institutionalization).
• • Can being under the influence of drugs/alcohol count as diminished capacity?
  • It depends on whether the craving for alcohol/drugs was irresistible and if consumption was voluntary leading up to the crime.
• • At what age are children usually not held criminally liable?
  • Children below the age of 14 or 15.
• • What punishments do children up to age 18 receive when held criminally liable?
  • They receive reduced punishments.
• • Where are children usually tried when held criminally liable?
  • Children are tried in juvenile courts.
• • What are some special measures taken when children are tried in juvenile courts?
  • Arrest being the last resort, giving testimony under certain circumstances with the help of psychologists, resorting to alternative safety measures.
• • According to the U.S. Code § 1030, what is wire fraud and related activity in connection with computers?
  • Intentionally accessing a computer without authorization or exceeding authorized access and obtaining information from any protected computer
• • What is 'mens rea' and what is its role in criminal law?
  • Mens rea refers to the guilty mind and is important in determining intent or negligence in crimes
• • What are the different degrees of intent and negligence in criminal law?
  • Acting purposely, acting knowingly, acting recklessly, and acting negligently
• • What must be present simultaneously for a criminal act to occur?
  • Mens rea (guilty mind) and actus reus (criminal act)
• • Give an example where mens rea and actus reus occur simultaneously in a criminal act.
  • Mr. A. hitting his neighbor with his car after realizing it was the person he wanted to kill
• • What are the two types of defences mentioned?
  • Justifications and excuses
• • Give an example of a justification defense.
  • Self defense against an immediate and unlawful attack
• • What are the conditions to constitute self-defense?
  • Responding to an immediate threat, using necessary force, and proportionality
• • Does hitting a burglar with a bottle after a fistfight constitute self-defense?
  • No
• • Does causing severe injury to a person pointing a toy gun in a bar fight constitute self-defense?
  • It depends on the circumstances and proportionality
• • What is criminal liability?
  • Criminal liability is the strongest formal censure society can inflict.
• • What are the official deprivations of our liberties?
  • Taxation, motor vehicle codes, disciplinary actions, etc.