Thus, it can never be an element of an offense that Example: It is a crime to purposely import contraband in the United States. 1. Homicide is the quintessential result crime in that defendant must have "caused" the death of another in order to be convicted.

However, all 12 are not provided for in the TPC.

Motivating power itself. (3) attendant circumstances. Attendant Circumstance: Δ is aware of existence of the attendant circumstances, or believes they exists. ii. In this lesson, we explore the concept of causation (both actual and legal) in an effort to determine when, and under what circumstances, a defendant should be criminally accountable for the death of another. Mental States and Mens Rea. i. Mens Rea: Purposely. iii. b. Attendant Circumstance: Contraband AND into the US So, as murder is a result crime, without a person actually killing another person, there is no murder. Another common attendant circumstance element in the criminal law is intoxication, the defendant's intoxication at the time that they engage in a particular crime. • May be a result of action taken in the past but must be present in order for the crime to occur – like drinking Specific Intent Crimes: If you are accused of a specific intent crime, the prosecution must prove that when you committed the crime you had the requisite intent or mens rea. 2.02(2)(a): Purposely: (i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; AND (ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or believes/hopes that they exist.

This yields 12 possible combinations (4 x 3). What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances. Although Brandy acquiesced to Alex’s demands with o ut r es i s ti n g , she did so after Alex took a knife out of his pocket, which is a t h r e a t of force.

This killing is intentional and purposeful with malice aforethought, but it is noncriminal. It is likely that the trier of fact will find the rape attendant circumstance in this case. A justifiable homicide is a homicide that is warranted under the circumstances. One example of a justifiable homicide is when a law enforcement officer shoots and kills a fleeing felon to prevent imminent great bodily injury or death. The mens rea for attendant circumstances varies by jurisdiction. ... "Offense analysis": = General & Specific Intent (battery is general intent crime, but murder is a specific intent crime) Considerable inconsistent usage. It does not apply to attendant circumstances. Murder Basis: greater perversity of the offender as shown by. ii. Aggravating Circumstances: are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense. The mental state of intentionality only applies to (1) nature of conduct [act] and (2) results of conduct [harm]. A. Without a result, in result crimes, there is no crime of X. also attendant circumstance. Conduct: Import. If the person has met both the conduct and attendant circumstances of a crime, it is time to look to whether the potential defendant achieved a result prohibited by the crime. 1. Some jurisdictions require purpose or knowledge as to the attendant circumstances, while others (including federal conspiracy) require that the mens rea as to the attendant circumstances be the same as the mens rea required for the attendant circumstances in the offense.