10/24/07 BR- Describe the elements of a pizza. Today: Continuing With Elements

Just to clarify.. In order for a crime to have been committed there must be: 1. Actus rea (guilty act) - something was done (or not done.) 2. Mens rea (guilty mind) - the person had “intent.” actus non facit reum nisi mens sit rea = "the act does not make a person guilty unless the mind is also guilty.” 3. Causation - the guilty act with intent has a connection to the harm. 4. Concurrence - Actus rea, men rea, and the causation occurred at the same time.

Elements of Crimes Here are some examples of elements of crimes. They are taken from the jury instructions

2nd Degree Murder The defendant is charged with second degree murder. To prove the defendant guilty of this crime, the State must prove that: 1) the defendant committed an act that caused the death of another human being, 

 2) when the defendant acted to cause the death [he][she] did so with malice aforethought, 

 3) the defendant killed intentionally without excuse or justification that the law might avail [him][her],

 4) the defendant did not premeditate or deliberate the killing,

 5) the defendant did not act under a sudden quarrel or in the heat of passion caused by adequate provocation

Voluntary Manslaughter 1) the defendant engaged in an act that caused the death of another person,

 2) when the defendant acted, [he] [she] intentionally and unlawfully killed the victim, and

 3) the defendant acted with adequate provocation. (see next)

Adequate Provocation A defendant acts with adequate provocation when the acts committed against the defendant by the victim would cause a reasonable person to kill. For the provocation to be adequate, you must find that the victim’s acts were of a kind and were sufficient to: 1) cause a reasonable person to lose control of [himself] [herself],

 2) to act in a heat of passion,

 3) that the defendant did, in fact, lose control of [himself] [herself], or acting in a heat of passion(see next), and

 4) there was not sufficient time to cool down and regain control before responding to the provocation.

Heat of Passion A defendant acts out of the heat of passion when there is: 1) strong emotion, such as fear, terror, rage or resentment,

 2) the passion in response to the provocation was of the kind to cause a reasonable person to act rashly and without premeditation, deliberation, and reflection, and,

 3) the defendant acted from a state of inflamed passion rather than from judgment and deliberation.

Elements Are very important for winning or loosing your case. If can’t use your evidence to show (BRD) a match between fact and elements, you loose! (or win?!)

Defenses also have elements!

Insanity Defense A person is legally insane and thereby not responsible for criminal conduct if at the time of [his] [her] alleged criminal conduct, [he] [she] had a mental disease or defect, and that as a result of this mental disease or defect lacked the capacity to either: a) appreciate the wrongfulness of [his] [her] conduct; or

 b) conform [his] [her] conduct to the requirements of law.

Self Defense A person who: 1) reasonably believes [he] [she] is in immediate danger of death or serious bodily injury, and 2) is not the aggressor, and, 3) did not voluntarily enter into mutual combat, has no duty to retreat, but may stand firm and act to defend himself [herself]. If the defendant was the original aggressor, then [he] [she]: 1) has a duty to retreat, so long as [he] [she] can safely do so, and, 2) must have killed only out of necessity to protect himself from death or serious bodily injury, before [he] [she] may use the right of self defense.

Involuntary Manslaughter Involuntary Manslaughter involves the accidental causing of death of another person, although unintended, which death is the proximate result of negligence so gross, wanton and culpable as to show a reckless disregard for human life. The defendant is guilty of involuntary manslaughter if: the defendant, while engaged in a lawful act, unintentionally, and unlawfully, caused the death of another, with reckless disregard for human life and the safety of others. Involuntary manslaughter does not require the death to be caused by an intentional, deliberate, premeditated, or malicious act. Reckless disregard is something more than ordinary or simple negligence. It is negligence that consciously ignores the safety of others. The defendant’s negligence must have caused the death.

Exit Slip - 45 POINTS! - Due Thursday! Write a 1 page story using the elements from the above crimes or the elements from the chart. Extra Credit - 10 points - include 1 of the defense elements. We will act out these stories in class!