What is attendant circumstances in criminal law

Justification and Excuse Defenses to Battery. Battery Causation. Battery Harm. Example of Battery Harm. Battery Grading. Assault Elements. Attempted Battery and Threatened Battery Assault. Attempted Battery Assault. Attempted Battery Assault Act. Example of Attempted Battery Assault Act. Attempted Battery Assault Intent. Example of Attempted Battery Assault Intent.

Threatened Battery Assault. Threatened Battery Assault Act. Example of Threatened Battery Assault Act. Threatened Battery Assault Intent.

Example of Threatened Battery Assault Intent. Threatened Battery Assault Causation. Threatened Battery Assault Harm. Example of Threatened Battery Assault Harm.

Domestic Violence. Stalking Act. Example of a Case Lacking Stalking Act. Example of Stalking Act. Stalking Intent. Example of Stalking Intent. Stalking Causation. Stalking Harm. Example of Stalking Harm. Kidnapping Elements. Kidnapping Act. Example of a Case Lacking Kidnapping Act. Kidnapping Intent. Example of Kidnapping Intent. Kidnapping Causation. Kidnapping Harm.

Kidnapping Attendant Circumstance. Example of Kidnapping Attendant Circumstance. Kidnapping Grading. False Imprisonment. Example of False Imprisonment. Potential Defenses to Kidnapping and False Imprisonment.

Case of Interest. Crimes against Property. Consolidated Theft Statutes. Consolidated Theft Act. Example of Consolidated Theft Act. Consolidated Theft Intent. Example of Consolidated Theft Intent. Consolidated Theft Causation.

Consolidated Theft Harm. Example of False Pretenses Theft Harm. Example of Larceny by Trick Harm. Consolidated Theft Grading. Extortion Act. Example of Extortion Act. Extortion Intent. Example of a Case Lacking Extortion Intent. Extortion Attendant Circumstance. Example of Extortion Affirmative Defense. Attendant Circumstance of Victim Consent. Extortion Causation. Extortion Harm.

Example of a Case Lacking Extortion Harm. Extortion Grading. Robbery Act. Example of Robbery Act. Example of a Case Lacking Robbery Act. Robbery Attendant Circumstances. Example of Robbery Attendant Circumstances. Robbery Intent. Example of Robbery Intent. Robbery Causation and Harm. Example of Robbery Harm. Robbery Grading.

Receiving Stolen Property. Receiving Stolen Property Act. Example of Receiving Stolen Property Act. Receiving Stolen Property Intent. Example of Receiving Stolen Property Intent. Retaining Stolen Property. Example of Retaining Stolen Property. Receiving Stolen Property Attendant Circumstances. Receiving Stolen Property Causation. Receiving Stolen Property Harm. Burglary Act. Example of Burglary Act.

Burglary Intent. Example of a Case Lacking Burglary Intent. Burglary Attendant Circumstances. Example of Burglary Attendant Circumstances. Burglary Grading. Criminal Trespass. Arson Act.

Example of Arson Act. Arson Intent. Example of Arson Intent. Arson Attendant Circumstances. Arson Causation. Example of Arson Causation. Arson Harm. Example of Arson Harm. Arson Grading. Law and Ethics. Answers to You Be the Legal Author. Crimes against the Public. Disorderly Conduct. Disorderly Conduct Act.

Example of Disorderly Conduct Act. Disorderly Conduct Intent. Example of Disorderly Conduct Intent. Disorderly Conduct Attendant Circumstance. Example of Disorderly Conduct Attendant Circumstance. Disorderly Conduct Grading. Vagrancy and Loitering. Unlawful Assembly and Failure to Disperse. Example of Unlawful Assembly and Failure to Disperse. Criminal Gangs. Criminal Gang Definitions. Example of Criminal Gang Definitions.

Criminal Gang Activity. Example of Criminal Gang Activity. Civil Responses to Gang Activity. Example of Civil Responses to Gang Activity.

Drug Crimes. Federal and State Drug Schedules. Example of a Drug Schedule. Federal and State Drug Crimes. Example of Drug Crimes. Modernization of Drug Crimes Statutes. Example of the Modernization of Drug Crimes Statutes. Crimes Involving Prostitution. Example of Crimes Involving Prostitution. Crimes against the Government. Treason Elements and Grading.

Example of Sedition. Example of Sabotage. Statutory Schemes Targeting Terrorism. Criminal Terroristic Conduct. Example of Terrorism. Perjury History and Elements. Necessity of a Valid Oath. Perjury Criminal Intent. Materiality Requirement. Corroborative Evidence Requirement. Defense of Retraction. Example of a Case Lacking an Element of Perjury. Example of Perjury. Perjury by Inconsistent Statements. Example of Perjury by Inconsistent Statements. Subornation of Perjury. Perjury Grading. Bribery Elements.

Prosecutorial Burden in Bribery Prosecutions. Example of Bribery. Another Example of Bribery. Example of a Case Lacking an Element of Bribery. Bribery Grading. Obstruction of Justice. Example of Obstruction of Justice.

It would not serve the policy of specific deterrence to punish the defendant for irrepressible acts. One voluntary act is enough to fulfill the voluntary act requirement. Thus if a voluntary act is followed by an involuntary one, the court may still impose criminal liability depending on the circumstances Govt.

Smith, Perry is hypnotized at the local county fair. Punishing Perry for battery would not specifically deter Perry from performing the act again while hypnotized because he is not in control of his behavior when experiencing this mental state.

Timothy then attempts to drive his vehicle home. While driving, Timothy passes out at the wheel and hits another vehicle, killing its occupant.

Timothy can probably be convicted of one or more crimes in this situation. Thus even though Timothy got into a car accident while unconscious, his involuntary act was preceded by conscious, controllable, and voluntary action. A punishment in this instance could specifically deter Timothy from drinking and driving on another occasion and is appropriate based on the circumstances.

Status is who the defendant is, not what the defendant does. Similar to punishment for an involuntary act, when the government punishes an individual for status, it is essentially targeting that individual for circumstances that are outside his or her control. In Robinson v. California , U. The Court compared drug addiction to an illness, such as leprosy or venereal disease. Punishing a defendant for being sick not only is inhumane but also does not specifically deter, similar to a punishment for an involuntary act.

In Powell v. Texas , U. The Court held that it is difficult but not impossible for an alcoholic to resist the urge to drink, so the behavior the statute criminalized was voluntary. Also, the Court ruled that the state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure the defendant and others.

Pursuant to Powell , statutes that criminalize voluntary acts that arise from status are constitutional under the Eighth Amendment. A state statute that criminalizes killing another person while driving under the influence is constitutional as applied to Timothy, even if Timothy is an alcoholic.

The state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure or kill Timothy or another person. Thus Timothy and other alcoholic defendants can be prosecuted and punished for killing another person while driving under the influence without violating the Eighth Amendment.

Thoughts are a part of criminal intent , not criminal act. Thoughts cannot be criminalized. Brianna, a housecleaner, fantasizes about killing her elderly client Phoebe and stealing all her jewelry. Brianna writes her thoughts in a diary, documenting how she intends to rig the gas line so that gas is pumped into the house all night while Phoebe is sleeping.

Brianna includes the date that she wants to kill Phoebe in her most recent diary entry. Later, Phoebe finds the diary on the floor and reads it.

Brianna cannot be punished for her thoughts alone. If Brianna took substantial steps toward killing Phoebe, an attempted murder charge might be appropriate. However, at this stage, Brianna is only planning a crime, not committing a crime. Phoebe may be able to go to court and get a restraining order against Brianna to prevent her from carrying out her murder plot, but Brianna cannot be incapacitated by arrest and prosecution for attempted murder in this case.

An exception to the requirement of a criminal act element is omission to act. However, under certain specific circumstances, omission to act can be criminalized.

An omission to act can only be criminal when the law imposes a duty to act N. Failure or omission to act is only criminal in three situations: 1 when there is a statute that creates a legal duty to act, 2 when there is a contract that creates a legal duty to act, or 3 when there is a special relationship between the parties that creates a legal duty to act.

Legal duties to act vary from state to state and from state to federal. When a duty to act is statutory, it usually concerns a government interest that is paramount. Some common examples of statutory duties to act are the duty to file state or federal tax returns 26 U. At common law, it was not criminal to stand by and refuse to help someone in danger. Some states supersede the common law by enacting Good Samaritan statutes that create a duty to assist those involved in an accident or emergency situation.

Good Samaritan statutes typically contain provisions that insulate the actor from liability exposure when providing assistance Minnesota Code, This video is a news story on a California Supreme Court case regarding the civil liability of a Good Samaritan:. A duty to act can be based on a contract between the defendant and another party. For example, an expert swimmer can watch someone drown if there is no statute, contract, or special relationship that creates a legal duty to act.

In fact, attendant circumstances is actually from the point of view of someone other than the defendant typically the victim.

Also, it may be helpful if you think of attendant circumstances as those factors that would be helpful in determining a sentence, factors than can aggravate or mitigate the crime such as the amount of culpability. Law school students should also know that under common law, the mens rea only modified the actus, not the attendant circumstances.