CC100 Chapter Notes - Chapter 4: Actus Reus, Mens Rea, Sleepwalking
Chapter 4
Consensus, Conflict, Defenses Under Law
~ Consensus View of Crime - argues that the majority of citizens agree on values and beliefs in
society. Societal members agree on norms, rules, goals, and values.
~ Conflict View of Crime - argues that there is little agreement in society concerning nature and
focus of criminal law. Believe that those who are powerful are protected by law but those
w/out
power are subject to law.
~ Crime under the Law
- Actus Reus - guilty action, without an act, no crime can be charged
- Mens Rea - guilty mind, must have intention of committing a crime. Must have
knowingly, recklessly, fraudulently or maliciously committed an act. General Intent -
proof of intention to actually commit act. Specific Intent - perpetrator knew
consequences of actions.
Defences:
~ Provocation
- victim provoked an attack, common in homicide. Common provocations are related to
comments on physical prowess.
- only reduce guilt, not completely relieve criminal responsibility
~ Intoxication
- issue raised around level of intoxication. If it was so great the individual was incapable
of forming mens rea.
- defence of intoxication includes amnesia-automatism (blackouts) when the individual is
out of touch with reality and the brain is temporarily dissociated.
- many moral difficulties
- state of intoxication so great one is incapable of walking, properly speaking or in a
semi-comatose state.
~ Mistake of Fact
- No defence of ignorance
- Individual had acted based upon an honest belief
~ Self Defence
- Law permits self-d when lives are threatened, must be reasonable only using the amount
of force necessary.
~ Compulsion
- Compelled to commit a crime against your will.
- necessity implies crime was committed for the greater good.
Document Summary
~ consensus view of crime - argues that the majority of citizens agree on values and beliefs in society. Societal members agree on norms, rules, goals, and values. ~ conflict view of crime - argues that there is little agreement in society concerning nature and focus of criminal law. Believe that those who are powerful are protected by law but those w/out power are subject to law. Actus reus - guilty action, without an act, no crime can be charged. Mens rea - guilty mind, must have intention of committing a crime. Must have knowingly, recklessly, fraudulently or maliciously committed an act. General intent - proof of intention to actually commit act. Specific intent - perpetrator knew consequences of actions. Victim provoked an attack, common in homicide. Common provocations are related to comments on physical prowess. Only reduce guilt, not completely relieve criminal responsibility. If it was so great the individual was incapable of forming mens rea.
