Actus Reus and Mens Rea

Question 1

What is Actus Reus?

Answer 1

Proscribed Act

Question 2

What is Mens Rea?

Answer 2

Proscribed Mental State

Question 3

Is mistake of fact a defense?

Answer 3

Yes - People v. Bray ,

Question 4

Is mistake of Law a defense?

Answer 4

No - People v Snyder

Question 5

What is the Substantial Step Test? (2)

Answer 5

1. Intent to commit a crime
2. Steps toward the commission of the crime to strongly corroborate the intent

Question 5

What are the elements of Attempt? (2)

Answer 5

1. Intent to do an act or bring about certain consequences that would in law amount to a crime if circumstance were as he believes the to be OR,
2. act in furtherance of that intent that goes beyond mere preparation

Question 6

What is a legal impossibility?

Answer 6

Conduct where the goal of the actor is not criminal although he believes it to be.

Question 7

What is a Factual impossibility?

Answer 7

Conduct where the objective is illegal but a circumstance unknown to the actor prevents him from bringing it about.

Question 8

Is Factual impossibility a defense?

Answer 8

– NO

Question 9

What is an accomplice?

Answer 9

One who assists or encourages the carrying out of a crime. But does not commit the actus reus

Question 10

Is presence necessary to be an accomplice?

Answer 10

Presence at the scene not required if aiding abetting, encouragement or assistance takes place before the crime.

Question 11

When is an accomplice guilty of additional crimes committed by the principal? (2)

Answer 11

Accomplice liable for crimes by principal if:
1. Additional crimes are the natural and probable consequences of the crime being assisted AND

 2. The additional crimes are in furtherance of the original criminal objective