Actus Reus/Mens Rea

Question 1

United States Jurisdiction

Answer 1

The U.S. has the power to criminalize and to prosecute crimes that:
- occur anywhere in the U.S.
- occur on ships and planes, or
- are committed by U.S. nationals abroad

Question 2

State Jurisdiction

Answer 2

States can only punish crime with some connection to the state:
- a crime that occurs in whole or in part inside the state
- conduct outside the state that involved an attempt to commit a crime inside the state
- a conspiracy to commit a crime if an overt act occurred within the state

Question 3

Actus Reus

Answer 3

There must be some physical act in the world, and it must be voluntary (willed by the defendant).

Note: Words can satisfy actus reus, and a failure to act can be sufficient actus reus (e.g., not complying with a statutory duty, a special relationship existing, voluntarily issuing a duty of care that is cast aside, defendant causing a danger/peril and fails to mitigate harm to the victim cause by the peril).

Question 4

Mens Rea: Specific Intent (CL)

Answer 4

Defendant committed the actus reus for the very purpose of causing the result that the law criminalizes.

Question 5

Specific Intent Crimes (CL)

Answer 5

First Degree Murder

Inchoate Crimes - conspiracy, attempt, solicitation (CATS)

Assault with Intent to Commit Battery

Theft Offenses - larceny, embezzlement, forgery, burglary, robbery

*Remember FIAT

Question 6

Mens Rea: Malice (CL)

Answer 6

There are only two malice crimes: Arson and Murder.

Exists when the defendant acts in reckless disregard of a high degree of harm. The defendant realizes the risk and acts anyway.

Question 7

Mens Rea: General Intent (CL)

Answer 7

Requires an intent to perform an act that is unlawful. Knowledge that the act is unlawful is NOT required. It is sufficient to intend to perform the act that the law condemns.

Generally, acts done knowingly, recklessly, or negligently under the MPC are general-intent crimes.

Examples: battery, kidnapping, rape, and false imprisonment

Question 8

Mens Rea: Strict Liability (CL)

Answer 8

There is NO state of mind requirement; the defendant must merely have committed the act.

Two Kinds:
1) Statutory/Regulatory Offenses (ex. statute requiring expiration dates on labels)

2) Morals Offenses (ex. statutory rape)

Question 9

Mens Rea: Purposely (MPC)

Answer 9

The defendant’s conscious objective is to engage in the conduct or to cause a certain result.

Question 10

Mens Rea: Knowingly or Willfully (MPC)

Answer 10

The defendant is aware that:
- her conduct is of the nature required the commit the crime, and
- the result is practically certain to occur from this conduct

Question 11

Mens Rea: Recklessly (MPC)

Answer 11

The defendant acts with a conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law-abiding person.

Question 12

Mens Rea: Negligently (MPC)

Answer 12

The defendant should be aware of a substantial and unjustifiable risk and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation.

Question 13

Merger of Lesser-Included Offenses

Answer 13

A lesser-included offense is an offense in which each of its elements appears in an other offense, but the other offense has something additional

Example: If both larceny and robbery could be charged, larceny is a lesser-included offense of robbery, so the person could be convicted only of robbery and not larceny since larceny merges into the robbery.

Question 14

Merger of an Inchoate and a Completed Offense

Answer 14

A defendant who actually completes a crime CANNOT also be convicted of attempting that crime.

Solicitation merges into the completed offense.

Conspiracy and a completed substantive offense DO NOT merge!