Basic Principles

Question 1

Felony

Answer 1

a crime punishable by imprisonment for more than 1 year

Question 2

misdemeanor

Answer 2

crime punishable by imprisonment for no more than 1 year or by a fine only.

Question 3

malum prohibitum

Answer 3

refers to criminal conduct that is wrongful only because it violates a statute

Question 4

malum in se

Answer 4

refers to conduct that is deemed to be inherently wrongful

Question 5

elements of a crime

Answer 5

1. Actus Reus (voluntary, physical act);
2. Mens Rea (mental state);
3. Concurrence (requisite mens rea must exist at the time of the actus reus); and
4. Causation (cause-in-fact/actual + proximate cause) (usually needed, but not always, e.g. attempted murder)

Question 6

what is the burden of proof for each element of a crime for the prosecution?

Answer 6

beyond a reasonable doubt

Question 7

actus reus

Answer 7

voluntary conscious act; OR
omission to act when D had legal duty to.

Question 8

are habitual acts considered voluntary?

Answer 8

yes

Question 9

examples of involuntary acts

Answer 9

-Reflexes;
-Bodily movements during unconsciousness or sleep;
-Actions during hypnosis; or
-A bodily movement that is otherwise not the product of the effort or determination of the actor, either conscious or habitual

Question 10

omission to act

Answer 10

1. There was a legal duty to act;
2. D was aware of such duty; and
3. D could have reasonably performed the act

Question 11

circumstances where there is a legal duty to act

Answer 11

1. Status relationship (ex. parent/child);
2. Statutory or contractual duty (ex. firefighter or lifeguard); or
3. Voluntary undertaking to rescue that is abandoned
4. Failing to help after creating the risk (hit and run)

Question 12

Mens Rea

Answer 12

D acted with a guilty mind

Question 13

types of mens rea

Answer 13

1. purposely: person acted with a conscious motivation or desire to bring about the specific result
2. knowingly: when person knows, with almost absolute certainty, that the act will produce the prohibited result
3. recklessly: person is aware that the conduct creates an unjustifiable risk, but ignores that risk and engages in the conduct anyways.
4. criminally negligent: when a person acts in a manner that the person should have known creates a high degree of risk.

Question 14

Specific intent

Answer 14

requires proof that the D intended to bring about a specifically prohibited harm.

includes acts done purposefully or knowingly

Question 15

when can specific intent be nullified?

Answer 15

by an honest but unreasonable mistake of fact, or by voluntary intoxication

ex. Someone brings an umbrella to a restaurant that was pink, put it in the umbrella holder, and then left and grabbed a black one. This person honestly believed the black one was theirs, even if it was unreasonable to a normal person since their umbrella is pink, but they honestly believe black is theirs so they lack the specific intent of intending to deprive.

Question 16

common specific intent crimes

Answer 16

Burglary
Robbery
Assault
Murder
Attempt
Conspiracy
Theft crimes (embezzlement, larceny, false pretenses, forgery)
Solicitation

“BRAM-ACTS”

Question 17

general intent

Answer 17

only requires a desire to do the prohibited act.

includes reckless and negligent states of mind.

Question 18

when can general intent be nullified?

Answer 18

by an honest and reasonable mistake of fact.

Question 19

5 main general intent crimes

Answer 19

Battery
Rape
Kidnapping
False imprisonment
Manslaughter

Question 20

Strict liability

Answer 20

has no mens rea element. a voluntary act = guilt.

mistake of fact is never a defense.

Question 21

transferred intent

Answer 21

occurs when the D intends to produce a criminal result against one party, but harms another instead.
The intent transfers from the intended victim to the unintended victim.

Question 22

concurrence

Answer 22

requires prosecution to prove that the criminal act was the result of the criminal state of mind.
connection between act and mens rea.

Question 23

causation

Answer 23

both actual cause and proximate cause are required

Question 24

actual cause

Answer 24

(cause in fact)
satisfied by ANY of the 3 tests:
1. But-For Causation
2. Substantial Factor Test
3. Acceleration

Question 25

But-For causation

Answer 25

the result would not have occurred but for D’s conduct

Question 26

substantial factor

Answer 26

D’s acts were a substantial factor in causing the criminal result
(when there are multiple parties/causes)

Question 27

acceleration

Answer 27

the D’s conduct speeds up an inevitable death, even if briefly

Question 28

proximate cause

Answer 28

requires the resultant harm to be within the risk created by the defendant’s conduct in crimes involving criminal negligence or recklessness, or sufficiently similar to that intended in crimes requiring intent.

Question 29

intervening events cutting off proximate cause

Answer 29

if intervening event is foreseeable, it will NOT break the chain. D is still responsible.

if intervening cause is unforeseeable, it normally will break the chain. Relieves D of responsibility and breaks the causal connection to the criminal result.