Barbri Lecture 1 Flashcards
What are the inchoate crimes?
The 3 incomplete crimes are
Attempt
Conspiracy
Solicitation
Which of the inchoate crimes does not merge?
Conspiracy.
So you can be charged with conspiracy and the underlying crime.
What are the essential elements of a crime?
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
Can the actus reus be involuntary?
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
Would sleepwalking be considered a voluntary act for actus reus?
No
What are the common law mental states?
Specific intent crimes
malice crimes
general intent crimes
strict liability crimes
What defenses only apply to specific intent crimes?
Voluntary Intoxication
Unreasonable mistake of fact
What are the specific intent crimes?
[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
What is the difference between general intent and specific intent crimes?
General intent - you want to do an act.
Specific intent - you want to achieve a result.
What are the malice crimes?
Murder
Arson
What time of mens rea do you need for malice crimes?
Reckless indifference
What are the general intent crimes?
All the other crimes that are not specific intent or malice
An example of this would be battery
What type of intent do you need for strict intent crimes?
No intent
Your intent does not matter for strict liability crimes
What are the model penal code mental states?
Purposely
Knowingly
Recklessly
Negligently
What is the definition for purposely under the MPC?
Acting with a conscious objective to engage in certain conduct or cause a certain result
What is the definition of Knowingly mental state under the MPC?
You are aware that your conduct will very likely cause the result
What is the definition of the Recklessly mental state under the MPC?
Acting with a conscious disregard for a substantial and unjustifiable risk
What is the definition of the Negligently mental state under the MPC?
When you fail to be aware of a substantial and unjustifiable risk
Define the concurrence and causation requirement for crimes
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)
