1) Elements of Crimes

Question 1

general elements

Answer 1

1) actus reus (guilty hand)
2) mens rea (guilty mind)
3) bad result
4) no justification or excuse

Question 2

bad result: exception

Answer 2

conduct crimes (ex. reckless driving) dn require result

Question 3

MR: exception

Answer 3

dnn for strict liability crimes

Question 4

BOP

Answer 4

beyond a reasonable doubt, on all 4 elements

Question 5

actus reus: def

Answer 5

the act that produces the criminally prohibited reuslt

Question 6

actus reus: ways

Answer 6

1) voluntary act

2) omission

Question 7

voluntary act: def

Answer 7

physical act + volition

Question 8

voluntary act? reflexes, sleepwalking

Answer 8

no

Question 9

voluntary act? habitual conditioned reaction

Answer 9

YES

Question 10

voluntary act? duress

Answer 10

YES (but duress might be a defense)

Question 11

voluntary act? seizure

Answer 11

no

Question 12

voluntary act? hypnosis

Answer 12

no

Question 13

omission liability: elements

Answer 13

1) omission to act
2) D is under legal duty to act
(3) D was physically capable of doing something)

Question 14

legal duty to act: kinds

Answer 14

1) statutory (police)
2) by contract
3) status rship (parent, spouse)
4) voluntary undertaking to rescue that is abandoned
5) failing to help after creating the risk of peril

Question 15

mens rea: def

Answer 15

culpable state of mind that actuated (set in mxn) the criminal act

Question 16

mens rea: which?

Answer 16

usu defined by statute

Question 17

MR: kinds

Answer 17

1) purposeful
2) knowledge
3) reckless
4) crim negligence

Question 18

MR: purposeful: def

Answer 18

D acts w conscious objective to bring about prohibited result

Question 19

MR: knowledge: def

Answer 19

D engages in conduct he KNOWS W ALMOST ABSOLUTE CERTAINTY will produce prohibited result

Question 20

MR: recklessness:

Answer 20

D knew the risk but didn’t care (aware that conduct creates unjustifiable risk to others, but ignores the risk)

unlike knowledge, dnh substantial certainty the harm will occur

Question 21

MR: crim negligence:

Answer 21

creates unjustifiable risk
w/o subjective awareness he is doing so
but where a RP would have been aware of the risk

requries gross deviation from standard of care (more than civil)

unlike recklessness, D not subjectively aware he was creating the risk (he didn’t realize but should’ve)

Question 22

culpable negligence

Answer 22

= crim negligence

Question 23

intent: def

Answer 23

usu purposeful or knowledge

Question 24

willful: synonym

Answer 24

usu synonym for intent

Question 25

willful: def

Answer 25

acting w purpose or knowledge + moral turpitude

Question 26

intent: inchoate offenses

Answer 26

usu = purpose only

Question 27

incohate offenses: exs

Answer 27

solicitation
attempt
conspiracy

Question 28

intent: kinds

Answer 28

1) specific intent

2) general intent

Question 29

specific intent: def

Answer 29

proof that D intended to produce specifically prohibited harm (normally purpose or knowledge)

Question 30

specific intent: triggered by

Answer 30

“with intent to” in the crime name – for that part (ex. assault w intent to kill: assault = GI, “w intent to kill” = SI)

Question 31

general intent: def

Answer 31

only a desire to do the prohibited act (usu recklessness, crim neg ok)

Question 32

specific intent: how to cancel out

Answer 32

1) honest but unreasonable mistake of fact

2) voluntary intoxication

Question 33

general intent: how to cancel out

Answer 33

honest and reasonable mistake of fact

Question 34

malice: def

Answer 34

the mens rea for murder at CL. (unlawful killing + malice = murder – DNN knowing/purposeful/etc)

Question 35

malice: kinds

Answer 35

1) express

2) implied

Question 36

express malice: ways to prove

Answer 36

D intended to kill another person. Prove by:

1) purpose (to kill) OR
2) knowledge (would kill) OR
3) D acts w intent to inflict grevious bodily harm (even if dn intend kill!)

Question 37

implied malice: def + ways to prove

Answer 37

D caused a death as a result of extreme recklessness or criminally negligent conduct that manifested a wanton disregard for value of human life (DHM)

1) even if unintentional
2) felony murder: automatic

Question 38

strict liability crimes: MR

Answer 38

none required! just act + result = guilt

Question 39

strict liability crimes: result

Answer 39

mistake of fact is never a defense

Question 40

transferred intent: def

Answer 40

if D intends to produce crim result against one V, but inadvertently harms another V, the intent to harm the first V transfers to the unintended V

Question 41

concurrence: def

Answer 41

prosecution must prove that the act that caused the criminal result was actuated (set in mxn) by the requisite crim SOM

(dnn to be at exactly same time)
but ex: entry w intent to steal but no intent to steal, doesn’t count

Question 42

causation: rule

Answer 42

D’s act must have ACTUALLY AND PROXIMATELY caused the harm suffered

Question 43

actual cause, aka

Answer 43

cause in fact

Question 44

actual cause: ways to prove

Answer 44

1) but-for
2) substantial factor
3) acceleration

Question 45

but-for: def

Answer 45

D’s act is the actual cause, if criminal act would not have occurred but-for D’s conduct

Question 46

substantial factor: def

Answer 46

where there are multiple causes or parties responsible for the same crim result, courts will still fin a D responsible if D’s act was a SUBSTANTIAL FACTOR in causing the result

Question 47

acceleration: def

Answer 47

D’s conduct speeds up an inevitable death, even slightly – still an actual cause

Question 48

proximate cause: def

Answer 48

harm produced was w/in the objectively foreseeable range of consequences of D’s conduct
unforeseeable interveneing event –> supercedes –> no PC

Question 49

PC: special rules: type of intervening conduct

Answer 49

gross neg or reckless conduct that accelerates death set in mxn by D normally = unforeseeable

negligence = foreseeable

Question 50

PC: special rules: unknown special sensitivities

Answer 50

ARE foreseeable – even if D couldn’t have subjectively foreseen V’s unique condition

Question 51

tests for foreseeability:

Answer 51

1) was intervening cause DEPENDENT or RESPONSIVE to D’s initial cause?
- -> if yes, does not supercede (unless totally abnormal response)

OR

2) was intervening cause INDEPENDENT or MERE COINCIDENCE? (this will not supercede – unless it was foreseeable)

Question 52

BOP: D

Answer 52

when D has to prove something (which means it’s not an element–P must prove all those) – preponderance