Actus and Mens Rea

Question 1

Jurisdiction of U.S.

Answer 1

1. Anywhere in U.S. territory
2. On ships and planes; and
3. By United States nationals abroad.

Question 2

Jurisdiction of States

Answer 2

1. Whole crime or part of the crime occurred inside state
2. Conduct outside state that involved an attempt to commit a crime inside the state
3. A conspiracy to commit a crime and an overt act occurred w/in the state

Question 3

Actus Reas 3 considerations

Answer 3

1. Must be some physical act in the world
2. The act can be speech
3. Act must be voluntary

Question 4

Omissions constituting Actus Rea

Answer 4

1. Failure to comply with a affirmative duty; e.g., failure to file a tax return
2. Failure to act when special relationship b/w the D. and the victim; e.g., parents’ failure to obtain medical attention for their children
3. Voluntary assumed of a duty of care that is cast aside; e.g., the “repentant rescuer”
4. The D causes a danger & fails to prevent victim from being injured by the peril.

Question 5

Specific intent crimes

Answer 5

1. D not only committed the actus reus, but did it for the purpose of causing a specific result.
2. 4 categories of crimes that are specific intent crimes under the common law. FIAT!
   a. 1)First-degree murder: On the MBE, the question will expressly state if a defendant is charged with first-degree murder
   b. 2) Incohate crimes: “CATS”—conspiracy, attempt, and solicitation
   c. 3)Assault with attempt to commit a battery
   d. 4)Theft crimes: larceny, embezzlement, forgery, burglary, and robbery

Question 6

Malice

Answer 6

1. Arson and Murder

a. Malice: The defendant acted in a reckless disregard of a high risk of harm occurring.

Question 7

General Intent Crimes

Answer 7

1. D intends to commit an act that is in fact unlawful.
   a. D does not need to be aware of the legal ramifications, but must intend to commit the act.
2. Generally, acts that are done knowingly, recklessly, or negligently under Code (MPC) are general-intent crimes.

Question 8

Strict Liability

Answer 8

1. As long as the D voluntarily commits the actus reus, it doesn’t matter what the D’s intent was to be liable.
2. D does need not have a particular state of mind; must only have committed the act.

Question 9

Transferred intent

Answer 9

i. D has the requisite mens rea for committing a crime directed against Victim A, but actually commits the crime against Victim B, transfer the specific intent the defendant had for Victim A over to Victim B.

Question 10

Vicarious liability for corporations

Answer 10

i. requires a specific duty imposed by law on the corporation, or that high-level officials have authorized or tolerated the act. Both the individual who has the actus reus and mens rea and the corporation for which he works can be held liable.

Question 11

Merger

Answer 11

i. D can be convicted of more than one crime arising out of the same act. However, D cannot be convicted of two crimes when the two crimes merge into one. In that case, the defendant can only be convicted of one of the crimes.

Question 12

Lesser included offenses

Answer 12

1. An offense in which each of its elements appears in another offense, but the other offense has something additional
2. Greater-included offense: An offense which includes all elements of the lesser-included offense but requires something additional

Question 13

Merger & Attempt

Answer 13

1. Attempt: The inchoate offense of attempt merges into the complete offense if the defendant actually commits the crime.
   a. Can’t be charged with attempt to commit a robbery and robbery
   Success is a “defense” to an attempt charge.

Question 14

Merger and Solicitation

Answer 14

merges into the completed offense

Question 15

Merger & conspiracy

Answer 15

1. Conspiracy and substantive offenses do not merge! Can be convicted of both conspiracy & committing the offense.

Question 16

Children CL rules

Answer 16

a. At CL, children under the age of 7 were never capable of committing a crime;
i. ages 7-14 were rebuttably presumed to be incapable of committing crimes;
ii. 14 yrs old could be charged as adults.

Question 17

Principal

Answer 17

i. D whose acts or omissions form the actus reus of the crime
ii. Can be more than one principal to a particular crime

Question 18

Accomplice

Answer 18

i. Theory for holding people who are NOT the principal responsible for the crime actually committed by the principal
1. assist the principal either before or during the commission of a crime
2. Must act with the intent of assisting principal to commit the crime
a. Bystanders, even approving ones, are not accomplices.
ii. Liable for both the planned crime and any other crimes that occur in the course of the criminal act, as long as they are foreseeable
iii. Can be convicted even if they can’t be principals or even if the principal can’t be convicted
iv. Exception: A person protected by a statute cannot be convicted as an accomplice in violating the statute.

Question 19

Accessory After the fact

Answer 19

i. People who assist the D only after the crime has been committed
ii. Guilty of a separate offense; e.g., harboring a fugitive or obstruction of justice

Question 20

Aider/Abettors

Answer 20

i. In addition to accomplice liability for the substantive crime, individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of
ii. conspiracy if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement.