2. Essential Elements of a Crime

Question 1

general elements of a crime (3)

Answer 1

1) physical act
2) state of mind
3) concurrence of act and mental state

Question 2

what is a “physical act”?

Answer 2

any voluntary bodily movement (or failure to act)

Question 3

what are “acts” that DON’T qualify for criminal liability?

Answer 3

1) conduct that is NOT the product of person’s own volition
2) reflexive or consecutive acts
3) act performed while unconscious/asleep

Question 4

when does a failure to act give rise to criminal liability? (3 rqmts)

Answer 4

when…
1) there is a legal duty to act, and
2) D has knowledge of facts giving rise to the duty to act, and
3) it is reasonably possible to perform the duty

Question 5

when does a “legal duty” to act arise? (5)

Answer 5

1) by statute
2) by contract
3) relationship between parties (ie-parent/child)
4) voluntary assumption of care
5) defendant created peril for the victim

Question 6

how can a defendant alleviate their liability when they created the peril?

Answer 6

by affirmatively doing something to help the situation
** NOTE = don’t have to put themselves in harm’s way – just need a reasonable step

Question 7

what 2 defenses apply to specific intent crimes only?

Answer 7

voluntary intoxication and unreasonable mistake of fact

Question 8

what crimes require specific intent? (11)

Answer 8

solicitation
conspiracy
attempt
first degree premeditated murder
assault
larceny
embezzlement
false pretenses
robbery
burglary
forgery

Question 9

what is the intent necessary to prove malice crimes (ie – CL 2nd degree murder and arson)?

Answer 9

reckless disregard of an obvious/high risk that the particular harmful result will occur

Question 10

what can jury’s infer for GENERAL intent crimes?

Answer 10

juries may infer general intent merely from the doing of the act

Question 11

how can we tell if a crime is a strict liability offense?

Answer 11

1) if the crime is administrative, regulatory, or morality area, AND
2) there are no adverbs (such as knowingly, willfully, intentionally)

Question 12

what must be shown for a defendant to act “purposely” under the MPC?

Answer 12

their conscious object is to engage in certain conduct or cause a certain result
**NOTE = SUBJECTIVE standard

Question 13

what must be shown for a defendant to act “knowingly” under the MPC?

Answer 13

they are aware that their conduct is of a particular nature or that certain circumstances exist
**NOTE = SUBJECTIVE standard

Question 14

when is a defendant deemed to be “aware” for them to “knowingly” act under the MPC?

Answer 14

as to circumstances = when they are aware of the high probability that circumstances exist and deliberately avoid learning the truth
as to result of conduct = when they know that their conduct will necessarily/very likely cause a particular result

Question 15

what must be shown for a defendant to act “negligently” under the MPC?

Answer 15

when they…
1) fail to be aware of a substantial and unjustifiable risk, AND
2) where such failure is a SUBSTANTIAL deviation from the standard of care exercised by reasonable person
**NOTE = OBJECTIVE standard

Question 16

what must be shown for a defendant to act “recklessly” under the MPC?

Answer 16

when…
1) they consciously disregard a substantial + unjustifiable risk that certain circumstances exist/result will follow, AND
2) this disregard constitutes a gross deviation from the standard of care a reasonable person would exercise in that same situation
**NOTE = BOTH objective AND subjective standard

Question 17

when can a defendant be liable via transferred intent?

Answer 17

when they intend the harm that is actually caused but to a different victim/object
**NOTE = applies to homicide, battery, arson BUT not attempt

Question 18

what needs to be true about a defendant’s conduct to prove crimes that require cause AND result?

Answer 18

defendant’s conduct must be both…
1) the cause in fact, and
2) the proximate cause of the specified result