Exam 5: Mens Rea, Concurrence, Causation

Causation is central to criminal law and must be proven beyond a reasonable doubt.

What is the difference between coincidental intervening acts and responsive intervening acts?

Chronological concurrence means that a criminal intent must exist at the same time as a criminal act

All of the following are factors that courts look to in determining whether a statute should be interpreted as providing for strict liability EXCEPT ______.

In all cases where the defendant's conduct is the factual cause of an injury or harm, the conduct is also necessarily ______.

When considering intervening causes, what determines whether a defendant would be liable?

The response of a victim to a defendant's criminal act is referred to as ______.

Which of the following intents is considered the most serious?

A specific intent is a mental determination to accomplish a specific result.

What is required for a strict liability offense?

A ______ intent is intent to commit the criminal act.

When analyzing recklessness or negligence, ______ determines whether an individual's conduct varies from that expected of the general public.

The law does NOT consider individuals who are less reckless than blameworthy.

______ involves engaging in harmful and dangerous conduct while being unaware of a risk that a reasonable person would appreciate.

Brock was in the market for his first motorcycle. All of his friends had them and regularly went on long group rides. He knew he wanted something older because he preferred the style but he didn't know much about the engine size. The bigger the engine the more power the bike has and he looked at bikes with engine sizes ranging from 250 cc to 1500 cc. He decided on the bike with the 1500 cc engine. It was extremely powerful and he knew it. He let his younger brother borrow the bike for a weekend ride with friends. The brother ended up in wrecking the bike and it was likely totaled. The police report stated that he revved the engine, attempted to do a wheelie (a move which he knew was risky), and the bike threw him off the back. If the brother is charged with a crime, which level of mental culpability is most appropriate?

Write a scenario where a defendant would NOT be considered legally responsible for a victim's injury or death that results from a coincidental intervening act. Be sure to indicate the factual cause and the proximate cause. Now write a scenario where the defendant would be held legally liable for a coincidental intervening act. Why would the defendant be held liable in the second scenario?

A general intent is a mental determination to accomplish a specific result.

What is chronological concurrence?

______ cause analysis requires the jury to determine whether it is fair or just to hold a defendant liable for an injury or death.

The major difference between recklessly and negligently is that ______.