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Components of a Crime: Criminal Acts, Criminal Intent &

Legal CausationCriminal Law & Procedure

Mike Brigner, J.D.

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Resources

• Text, Chapter 3

• R.C. 2901.21 Voluntary vs. Involuntary

• R.C. 2901.22 Criminal intent: State of mind

• Website for Ohio Revised Code: http://www.legislature.state.oh.us/laws.cfm

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Classifications of Crimes

• By object of crime

• Crimes against– Life– Habitation– Property– Public order– Public morality

• By seriousness of mental state (mens rea)– Aggravated murder

• purposeful

– Manslaughter• knowingly

– Reckless homicide• reckless

– Negligent homicide• negligent

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Actus Reus = Wrongful or Guilty Act

• Every crime requires an ACT. Why?

• 1. Thoughts are hard to prove

• 2. Thoughts do not cause harm

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Actus Reus = Wrongful or Guilty Act

• And. . .

• 3. Law could be abused: “Thought Police” & “Thought Control”

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Voluntary Act or Not?• “Voluntary” or

“Involuntary” refer to PHYSICAL ACTS:

• Voluntary – R.C. 2901.21(D)(1)

• Involuntary– R.C. 2901.21 (D) (2)– Sleepwalking? – Epileptic seizure?

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Mens Rea = Wrongful State of Mind

• Purposely• Knowingly• Recklessly• Negligently

• R.C. 2901.22 (A), (B), (C), (D)

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Mens Rea = Wrongful State of Mind

• (A) Purposely = Intention to accomplish a specific result

• (B) Knowingly = Knowing conduct almost certainly will cause particular result, but no specific intent to cause that result

• (C) Recklessly = Knowing there is substantial & unjustifiable risk that conduct might cause a particular result, but with no specific intent to cause that result

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Mens Rea = Wrongful State of Mind

• (D) Negligently = Thoughtlessly or carelessly creating significant unjustifiable risk of harm w/o realizing risk or w/o specific intent to create risk. But, a reasonable person would know the act created such a risk

• R.C. 2901.22 (A), (B), (C), (D)

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Mens Rea = Wrongful State of Mind

• Possible defenses as to state of mind:– Insanity: mental defect or illness– Fit of passion/grief: temporary mental

illness– Head injury affecting judgment– Duress: gun to your head– Mistake: hunter thinks man is a deer– Self-defense: acting to save your life– Emergency: acting so save another’s life

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Possession Crimes

• Possession of unlawful objects, including – some weapons– illegal drugs– wiretapping

devices– stolen property

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Possession Crimes

• Can be possession of lawful objects when combined w/intent to commit unlawful act– burglary tools– drug paraphernalia

• Actual Possession means? Under direct physical control

• Constructive Possession = Knowledge of item + control of area

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Strict Liability Crimes• Intent is irrelevant. Wrongful act all

that’s needed.• Why have S.L.? Mens rea too hard to

prove + crimes with many prosecutions• Greater the harm to public, the more

likely the offense will be strict liability• Examples:

– Traffic offenses --Selling liquor to a minor– Boarding aircraft with a weapon --Jaywalking

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Strict Liability Crimes

• PLUS & MINUS

• PLUS: Makes prosecution of dangerous conduct easier

• MINUS: Makes conviction of innocent people easier

• NEXT: We examine some Ohio crimes that illustrate levels of mental state (mens rea)

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Criminal Homicide - R.C. 2903

• Aggravated Murder - .01 - – Purposely and with prior calculation,

cause another’s death, or– Kill child, kill police officer, or kill as a

result of committing most serious felonies

• Murder - .02 - – Purposely cause another’s death, as

result of committing any other felony

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Criminal Homicide - R.C. 2903

• Voluntary Manslaughter - .03 - – Knowingly cause victim’s death, under a

sudden rage/passion brought on by victim’s own serious provocation

• Involuntary manslaughter - .04 – – Cause another’s death as a result of an

underlying felony/misdemeanor

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Criminal Homicide - R.C. 2903

• Reckless homicide - 04.1 - – Recklessly cause another’s death

• Negligent homicide - .05 – – Negligently, by means of a deadly

weapon or dangerous ordnance* cause another’s death

• *Dangerous ordnance defined at RC 2923.11(K)

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Criminal Homicide - R.C. 2903

• Aggravated vehicular homicide - .06(A)(1) & (2) – (1) Under the influence (R.C. 4511.91(A)), or– (2) Recklessly

• Vehicular homicide - .06(A)(3) & (4) – (3) Negligently, or– (4) As result of moving violation

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Harm and Causation

• Most crimes require harm: damage, injury, loss

• More serious the harm, the more serious punishment

• Exception: Inchoate (incomplete) crime such as attempt - no harm element required

• Crimes also require causation: a link between intent, act, and harm

• Always ask: What is the proximate cause?

• Proximate cause is not the same as scientific cause

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The Proximate Cause . . .

• 1. . . .is the act that is most closely & directly responsible for the harm

• 2. The result must be a foreseeable consequence of the act, for that act to be the proximate cause

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Supervening Cause• Another event may

intervene between act and harm, and become the actual cause of the harm

• This is called a Supervening (or Superseding) Cause

• This new & independent act breaks the original causal connection and becomes the new proximate cause

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When does a Supervening Cause become the Proximate Cause?

• In Class Exercise: Read C.,”Supervening Causes” Text pages 60-61

• In Herbert, Shabazz, Weidler, & Cook cases, was the original wrongdoer the proximate cause of the harm, or was the supervening cause the proximate cause?

• How did the court use “foreseeability” to decide each case?

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Components of a Crime: Criminal Acts, Criminal Intent & Legal

CausationConcluded