CRM/LAW C106 Lecture Notes - Lecture 15: Model Penal Code, Actus Reus, Mens Rea
17 May 2016
School
Department
Course
Professor
Document Summary
A criminal act requires mental element and condition of the act (described as against the law) itself- combination of these two makes the crime. Always recognize some are not capable of understanding the consequences of what they do- children for example. An affirmative defense-likes self defense, duress- did the act, but not responsible. Must not know the nature or quality of the act due to mental disease or defect. Must not know the act was wrong due to disease or defect. Long incarceration in any event- the question is where. Some, most, on the defendant to prove insanity. Some, put burden on state to prove sanity. Most of the time when someone in the us uses a gun to kill someone they shoot themselves. Gun violence in the us- increased up until the early 90s but pretty much declined ever since.
