Burden of Proof:
- CPS must prove e/ element of offense BARD w/ suff evidence to direct jury to for e/ element
- DEF must raise issue of defense or excuse and prove it on BOP
- DEF must raise self-defense but then CPS must disprove self-defense BARD (same for loss of control for
murder)
- If defense requires medical records to prove then evidential burden on DEF on BOP (ex. diminished resp for
murder)
Parties
Principal Offender: commits AR and MR of crime
- 2 DEFs acting together for common purpose will both be ppal offenders
Innocent agent: not criminally liable 3P used as only an instrument for DEF’s intention to commit the crime (ex.
ask X to drive you to store not knowing you'll rob it, or ask X to deliver smthn unaware of contents)
Accessory Liability: will be guilty of ppal offense and will say these 4 charges in indictment
1. Aid - help in the crime at scene
2. Abet - encourage at scene
3. Counsel - give advice before even if advice has no causal link to crime (ex. tell best time to enter bank to rob it)
4. Procure - arrange the operation (ex. pay Z to commit crime but obtain all materials necessary for Z)
Joint Enterprise: where crime committed by 2 but then 1 commits a further crime - both parties will be liable as
ppals of second crime if participant intended to assist or encourage + does assist/encourage the ppal’s second
crime - not joint enterprise if ppant did not known ppal would commit the second crime (ex. intend bank robbery but
then ppal shoots someone)
1
, What to Prove
Actus Reus: what act is needed to make DEF liable?
1. Conduct = actions or omissions needed +
- Omission only if there was duty to act under statute, contract, special rshp (mom-kid), DEF voluntarily
assumed DOC (care for gma), or DEF created dangerous sitxn & is aware
- Possession of weapon or drug can be suff conduct
- Be in a situation can be suff conduct (ex. gang)
2. Circumstance = facts that must exist, or
- Ex. in theft the property must belong to another
3. Result = outcome that must occur
- Must est causation to show DEF’s conduct caused the outcome
1. Factual causation: but for test = whether result occurred but for DEF’s conduct - suff even if
conduct slightly accelerated the outcome (ex. poisoned food but died of heart attack -- no causation)
2. Legal causation: substantial & operative tests = DEF’s conduct must be substantial (more than
minimal) + operative (no break in chain) cause of outcome
- If there is intervening act that breaks chain then DEF not liable - possibly:
a. By DEF if a new act
b. By natural event if unforeseen
c. By victim if voluntary act is so daft as to be unforeseeable BUT thin skull rule:
religious beliefs & PEC do not break chain (ex. can refuse blood d/t religion)
d. By 3P if act is free, deliberate, + informed
e. By medical act only if medical treatment is so bad that injury becomes background
focos - need gross medical negl
Mens Rea: what was DEF thinking at time of crime?
1. Intention: direct or indirect
1. Direct = is offense DEF’s aim or purpose
2. Indirect = only use for specific intent offenses where intention is the only MR and c.n show direct intention,
then see if:
[1] outcome was virtual certainty of act +
[2] DEF knew it was virtual certainty
3. Transferred Malice = only applies if offense committed is of same type as offense intended but got wrong
victim, then still have intention to satisfy MR
2. Recklessness: for basic intent offense - must show:
[1] subj: did DEF foresee any risk from act but continues +
[2] obj: was risk unR to take in all circums known to DEF
3. Negligence: lower culpability - must show:
[1] DEF owed DOC per statute or common law +
[2] DEF breached SOC expected
4. Strict liability Offense: no MR, liable if did the act (ex. guilty of driving w.o insurance)
2
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