What are attendant circumstances?
Attendant circumstances are the elements other than actus reus, mens rea and the result that define the crime. For example, the victim’s age would be an attendant circumstance in a statutory rape case. Attendant circumstances are also referred to as External Circumstances.
What is the attendant circumstance of false pretenses?
Attendant Circumstance of Victim Reliance Required for False Pretenses or Larceny by Trick. A false pretenses or larceny by trick theft under a consolidated theft statute requires the additional attendant circumstance element of victim reliance on the false representation of fact made by the defendant (People v.
Are attendant circumstances the facts or accompanying circumstances of a case?
Attendant circumstances are elements of a crime that are not the general elements. These are required just as much as the general elements, but are accompanying (or ‘attendant’) to the general elements. They’re labeled elements because without them, the conviction fails.
What are the four states of mens rea?
The Model Penal Code recognizes four different levels of mens rea: purpose (same as intent), knowledge, recklessness and negligence.
What are the essential elements of a crime?
In general, every crime involves three elements: first, the act or conduct (“actus reus”); second, the individual’s mental state at the time of the act (“mens rea”); and third, the causation between the act and the effect (typically either “proximate causation” or “but-for causation”).
What is general intent?
Primary tabs. Actual intent to perform some act, but without a wish for the consequences that result from that act. Depending on the offense alleged, both tort plaintiffs and criminal prosecutors may need to prove that the defendant acted with general intent.
What is the core element of false pretenses?
An individual makes a false representation of a past or existing material fact; The person making the representation knew the representation was false; The representation was made with the intent to defraud the other person; The victim relied on the false representation; and.
What are two important property rights?
Key Takeaways The main legal property rights are the right of possession, the right of control, the right of exclusion, the right to derive income, and the right of disposition. There are exceptions to these rights, and property owners have obligations as well as rights.
How are attendant circumstances used in criminal justice?
Kenneth has a JD, practiced law for over 10 years, and has taught criminal justice courses as a full-time instructor. To convict a person of a crime, the prosecutor needs to prove the elements of that crime. In this lesson, we will learn what attendant circumstances are and what role they play in determining the elements of a crime.
When do you need proof of attendant circumstances?
The elements of a crime may also require proof of attendant circumstances that bring the conduct within time for the purposes of any statute of limitation or before an appropriate venue. Such circumstances are completely independent from the actus reus or mens rea elements.
When does verification of an attendant circumstance decrease the penalty?
(When verification of an attendant circumstance decreases the penalty, it is known as a mitigating or extenuating circumstance .) The elements of a crime may also require proof of attendant circumstances that bring the conduct within time for the purposes of any statute of limitation or before an appropriate venue.
What does conduct mean in the Model Penal Code?
The term conduct is often used to reflect the criminal act and intent elements. As the Model Penal Code explains, “‘conduct’ means an action or omission and its accompanying state of mind” (Model Penal Code § 1.13 (5)). Recall from Chapter 1 “Introduction to Criminal Law” that not all crimes require a bad result.