Basics

Question 1

Jurisdiction

Answer 1

US can criminalize and prosecute anywhere in the US, on vessels, or acts committed by US nationals abroad.

States have jurisdiction for crimes committed in whole or in part in their state. Or attempts to commit crime within the state.

Question 2

Actus Reas

Answer 2

The “Act” requirement of a criminal law. Thought crimes cannot be prosecuted.

• Act can be speech (agreement to commit crime)
• Act must be voluntary
  
  • Does not mean “wanted”, but rather they had the physical ability to do so. If someone is forced to act, they might have a defense (duress).
• Failure to act may qualify is special relationship exists, statutory duty, or casting aside a voluntarily assumed duty.

Question 3

Mens Rea - Specific Intent

Answer 3

Defendant committed the actus reus and did it for the purpose of causing the result that the law criminalizes.

Four Categories of Specific Intent Crimes:

1. First Degree Murder
2. Inchoate Crimes
3. Assault
4. Theft Offenses

Question 4

Mens Rea - Malice

Answer 4

Two Categories of Malice Crimes

1. Arson
2. Murder

[Malice exists when the defendant acts in a reckless disregard of a high degree of harm.]

Question 5

Mens Rea - General Intent

Answer 5

The catch all category. Look for words: “knowingly”, “recklessly,” and “negligently” in the Model Penal Code.

[Manslaughter and Battery are usually tested under General Intent crimes]

Question 6

Mens rea - Strict Liability

Answer 6

For strict liability, there is no Mens Rea requirement. Defendant just must have committed the act.

[Statutory offenses]

Question 7

Mens Rea - Model Penal Code States of Mind

Answer 7

1. Purpose (Highest culpability)
2. Knowledge
3. Recklessness
4. Negligence

Review statute for standard. If not mentioned, assume recklessness.

Question 8

Purpose (MPC)

Answer 8

Standard: The defendant’s conscious objective is to engage or cause a certain result

Question 9

Knowledge (MPC)

Answer 9

The defendant was aware that his conduct is of the nature required to commit the crime and that the result is practically certain to occur based on his conduct.

Question 10

Recklessness (MPC)

Answer 10

Requires the defendant to act with a conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law-abiding citizen.

Question 11

Negligently (MPC)

Answer 11

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 12

Doctrine of Transferred Intent

Answer 12

When a defendant has the requisite mens rea for committing a crime against Victim A, but for actually commits the crime against Victim B, the law transfers the intent from Victim A to Victim B.

Question 13

Merger

Answer 13

Prevents a defendant from being convicted of two crimes when they merge into one.

Two Instances of Merger:

1. Lesser Included Offenses
2. Inchoate and a Complete Offense

Lesser Included Offenses

If the element of a lesser offense is subsumed by a greater offense, then the defendant can only be charged with the greater offense.

Inchoate and Completed Offenses

A defendant who actually completes a crime cannot also be convicted of attempting to commit that crime.

EXCEPT:

• Conspiracy
• Multiple victims

Question 14

Children and Offenders

Answer 14

At common law:

Children under 7 are never able to commit a crime

Children 7 -14 have a rebuttable presumption that they are incapable of committing a crime

14 and over may be charged as adults

Question 15

Principal

Answer 15

The defendant whose acts or omissions form the actus reus of the crime.

[It can be more than one.]

Question 16

Accomplices

Answer 16

People who assist the principal either before or after the commission of a crime.

Must act with intent to assist the principal in committing the crime [Bystanders are never accomplices–even if they approve]

Liability:

Liable for both the planned crime and any other foreseeable act that occurs in the courts of the criminal act.

• Accomplices can be aided and abetted even if not the principal
• Persons may be protected by statute (snitches)

Question 17

Accessory After the Fact

Answer 17

People who assist the defendant after the crime has been committed

Question 18

Aiders/Abettors and Conspiracy

Answer 18

Majority Approach and MPC: The accomplice must act with the purpose of promoting or facilitating the commission of the offense; must intend that their acts will assist or encourage the criminal conduct

Minority Approach: Accomplice is liable if he intentionally or knowingly aids or causes another person to commit an offense

Criminal Facilitation: Under the Majority Rule, a person who is not guilty of the substantive crime (no requisite mens rea) may nevertheless be guilty of the lesser offense of criminal facilitation for simply assisting.