Barbri Lecture 1

Question 1

What are the inchoate crimes?

Answer 1

The 3 incomplete crimes are

Attempt

Conspiracy

Solicitation

Question 2

Which of the inchoate crimes does not merge?

Answer 2

Conspiracy.

So you can be charged with conspiracy and the underlying crime.

Question 3

What are the essential elements of a crime?

Answer 3

The Physical Act (the act or the actus reus)

The Mens Rea (the mental state)

Concurrence (the physical act and the mental act existed at the same time)

A harmful result was caused by the defendants act

Question 4

Can the actus reus be involuntary?

Answer 4

No, it must be voluntary and a bodily moment

Conduct that is not the product of your own volition, reflexive or convulsive acts, or acts while you are asleep are not considered voluntary acts

Question 5

Would sleepwalking be considered a voluntary act for actus reus?

Answer 5

No

Question 6

What are the common law mental states?

Answer 6

Specific intent crimes

malice crimes

general intent crimes

strict liability crimes

Question 7

What defenses only apply to specific intent crimes?

Answer 7

Voluntary Intoxication

Unreasonable mistake of fact

Question 8

What are the specific intent crimes?

Answer 8

[Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts]

Conspiracy

Solicitation

Attempt

First-degree murder

Assault

Larceny

Embezzlement

False pretenses

Robbery

Burglary

Forgery

Question 9

What is the difference between general intent and specific intent crimes?

Answer 9

General intent - you want to do an act.

Specific intent - you want to achieve a result.

Question 10

What are the malice crimes?

Answer 10

Murder

Arson

Question 11

What time of mens rea do you need for malice crimes?

Answer 11

Reckless indifference

Question 12

What are the general intent crimes?

Answer 12

All the other crimes that are not specific intent or malice

An example of this would be battery

Question 13

What type of intent do you need for strict intent crimes?

Answer 13

No intent

Your intent does not matter for strict liability crimes

Question 14

What are the model penal code mental states?

Answer 14

Purposely

Knowingly

Recklessly

Negligently

Question 15

What is the definition for purposely under the MPC?

Answer 15

Acting with a conscious objective to engage in certain conduct or cause a certain result

Question 16

What is the definition of Knowingly mental state under the MPC?

Answer 16

You are aware that your conduct will very likely cause the result

Question 17

What is the definition of the Recklessly mental state under the MPC?

Answer 17

Acting with a conscious disregard for a substantial and unjustifiable risk

Question 18

What is the definition of the Negligently mental state under the MPC?

Answer 18

When you fail to be aware of a substantial and unjustifiable risk

Question 19

Define the concurrence and causation requirement for crimes

Answer 19

Concurrence means you had the intent necessary for the crime at the time of committing the act

Causation means your conduct is both the cause in fact and the proximate cause of the specified result if the crime has a result (think homicide - it requires a harmful result and causation)