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What must the prosecution prove regarding the actus reus?
What must the prosecution prove regarding the actus reus?
The law imposes a general obligation on individuals to act to prevent harm to others.
The law imposes a general obligation on individuals to act to prevent harm to others.
False
What is the term for when a defendant acts without control due to an external factor?
What is the term for when a defendant acts without control due to an external factor?
automatism
The principle of not being required to be your brother's keeper was reaffirmed in _______.
The principle of not being required to be your brother's keeper was reaffirmed in _______.
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Match the following scenarios with their respective legal terms:
Match the following scenarios with their respective legal terms:
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Which of the following scenarios could result in criminal responsibility due to an omission?
Which of the following scenarios could result in criminal responsibility due to an omission?
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A voluntary action is one that is performed without any conscious control.
A voluntary action is one that is performed without any conscious control.
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What is typically required for a crime to be classified under 'state of affairs'?
What is typically required for a crime to be classified under 'state of affairs'?
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In the case of __________, the accused's conduct must be 'freely willed' to incur liability.
In the case of __________, the accused's conduct must be 'freely willed' to incur liability.
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What are the two main elements of crime?
What are the two main elements of crime?
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In all cases, actus reus and mens rea must occur simultaneously for criminal liability to be established.
In all cases, actus reus and mens rea must occur simultaneously for criminal liability to be established.
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What does the Latin maxim 'actus non facit reum nisi mens sit rea' mean?
What does the Latin maxim 'actus non facit reum nisi mens sit rea' mean?
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A person may be convicted of a crime if he has __________ brought it about, even if normally not a basis for criminal responsibility.
A person may be convicted of a crime if he has __________ brought it about, even if normally not a basis for criminal responsibility.
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What is the age of criminal responsibility?
What is the age of criminal responsibility?
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Match the following terms with their correct definitions:
Match the following terms with their correct definitions:
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What is the basic definition of crime?
What is the basic definition of crime?
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Negligence is always a basis for criminal responsibility.
Negligence is always a basis for criminal responsibility.
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What is the term for the state of mind required for establishing criminal liability?
What is the term for the state of mind required for establishing criminal liability?
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The two categories of elements in a crime are __________ and __________.
The two categories of elements in a crime are __________ and __________.
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What does 'actus reus' refer to in criminal law?
What does 'actus reus' refer to in criminal law?
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Strict liability crimes require proof of the accused's mens rea.
Strict liability crimes require proof of the accused's mens rea.
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List the three components that break down the definition of actus reus.
List the three components that break down the definition of actus reus.
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In a result crime such as _____, the outcome must include the death of another person.
In a result crime such as _____, the outcome must include the death of another person.
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Which of the following is an example of a conduct crime?
Which of the following is an example of a conduct crime?
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An actus reus can include non-consensual sexual intercourse as part of its definition.
An actus reus can include non-consensual sexual intercourse as part of its definition.
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What must happen for a man to be convicted in an attempted crime?
What must happen for a man to be convicted in an attempted crime?
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A prosecution under strict liability may occur even if the accused acted without _____ .
A prosecution under strict liability may occur even if the accused acted without _____ .
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Which case established the presumption of mens rea in strict liability crimes?
Which case established the presumption of mens rea in strict liability crimes?
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Study Notes
Criminal Law - Criminal Liability
- Criminal law defines a crime as any action that is prohibited by law. Defining "crime" precisely is difficult, as noted by Omerod (2008).
- The objectives of this presentation cover defining crime, explaining its elements, outlining the age of criminal responsibility, and examining acts, omissions, consequences, and surrounding circumstances.
- The foundational premise is that individuals are free to act unless prohibited by law, which criminal law dictates.
- The elements of any crime include Actus Reus (the prohibited act) and Mens Rea (the mental state). These must be present for criminal liability to be established.
Elements of Crime
- The definition of each criminal offense needs careful examination to determine its crucial elements.
- Elements of a crime are grouped into Actus Reus and Mens Rea categories.
- Actus Reus refers to the physical act or omission.
- Mens Rea is the accused's mental state during the act.
- For criminal liability, act and intent must coincide. (There are exceptions, i.e., strict liability offenses.)
- Liability attaches even if the crime is not a voluntary action in certain cases, e.g., negligence leading to a crime.
- All elements of an offense, except the mental factor, are included in the concept of Actus Reus.
- There are different types of crimes: those based only on conduct (e.g., rape or bigamy) and those depending on the consequences.
- For result crimes: the consequence (e,g., the victim's death in a murder case) must result from the accused's actions for a criminal conviction.
Actus Reus
- Actus Reus is broken down into conduct, circumstances, and consequences.
- Includes any physical action, a voluntary act, or an omission. This can sometimes include states of affairs.
- Sometimes, criminal responsibility can attach based on the act or inaction of others, or the failure to prevent something, in certain circumstances.
- Criminal liability is not in place if there's a lack of a voluntary act.
- Negligence might not be a sufficient basis for criminal responsibility.
- The actus reus must be voluntary, meaning done consciously.
- Criminal actus reus or omissions may be considered involuntary under certain circumstances, like an epileptic fit. This is known as automatism.
- Situations involving reflex actions, like getting stung by bees while driving, might fall under the umbrella of involuntary acts. This can cause loss of control.
- Cases often referred to as "state of affairs" crimes involve being found in a certain place or state, e.g., being a certain place where prohibited conduct took place. An example is being in possession of illegal items.
Omissions
- Generally, there's no legal obligation to prevent harm to others.
- However, a duty to act can lead to criminal responsibility in some situations, sometimes stemming from a legal duty or special relationship.
Other Considerations of Actus Reus
- The prosecution must establish all elements constituting the offense, and failing to do so automatically results in acquittal.
- A critical element is causation; the accused must, at some point, instigate the crime.
- A person's actions don't need to be the immediate cause.
- The voluntary act (actus reus) needs to be tied to the consequence of the crime.
- Other criteria for actus reus, like voluntary conduct and automatism, are also considered in cases for culpability.
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Description
This quiz explores the fundamental concepts of criminal liability within the context of criminal law. Key topics include the definitions of crime, the essential elements of criminal offenses like Actus Reus and Mens Rea, and the age of criminal responsibility. Test your knowledge on how these concepts shape our understanding of criminal actions.
