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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller vanessaulysses1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.49. You're not tied to anything after your purchase.
