Chap. 3

Question 1

Actus Reus

Answer 1

“guilty act”
The act of crime
If there isn’t an act, there can still be omission

Question 2

Mens rea

Answer 2

“guilty mind”

intent

Question 3

Specific intent

Answer 3

when someone intends for the desired result
Must prove mental faults of persons
• Example: First-degree murder

Question 4

General intent

Answer 4

When someone did not specifically intend for results to occur but should’ve known better
No requirements for intended results
• Example: Battery or DUI

Question 5

Concurrence

Answer 5

the requirement that triggers the criminal act
Concurrence requires a connection between the mental fault and the forbidden act, in the sense that the mental fault “drives” or “actuates” the forbidden act.
 Ex: a person has the intent to kill and goes through with it.

Question 6

Voluntary act requirements

Answer 6

Contraction of muscles must be willed for acts to be considered criminal.
Example: planning to slap someone and doing it willingly VS. slapping someone while having a seizure

Question 7

Nonvoluntary acts include:

Answer 7

Reflexes or convulsions
Sleep movements
Movement while unconscious
Actions under hypnosis
MPC-bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

Question 8

Criminal omissions

Answer 8

failure to act when a duty or obligation is imposed can be a criminal omission
Criminal omissions cannot arise out of failure to perform moral duties

Question 9

Legal duty(s) to act

Answer 9

Statute
Contract
Special relationship

Question 10

Duty to act: Statute

Answer 10

Example: duty to report child abuse
Example: duty to file income tax returns
Example: duty to register as a sex offender

Question 11

Duty to act: Contract

Answer 11

Example: emergency room doctor
Example: lifeguard
Example: law enforcement, fire fighters

Question 12

Duty to act: Special relationship

Answer 12

Example: parent-child
Example: employer-employee
NOTE: sometimes a special relationship is created by assuming the care of another

Question 13

Good Samaritan doctrine

Answer 13

Creates statutory duty for a stranger to render aid

ONLY FEW STATES

Question 14

American bystander approach

Answer 14

No legal duty to rescue or summon help for someone in danger even if there is no risk in doing so.
MOST STATES

Question 15

Actual possession:

Answer 15

Having illegal items within possession/on your person.

Question 16

Constructive possession:

Answer 16

The person has the right to control the item but its not on their person.

Question 17

Knowing possession:

Answer 17

A person is aware of what they have on them or what it is that they have control over.

Question 18

Mere possession

Answer 18

Person is not aware of what they have on them or what they have control over.

Question 19

Levels of men’s rea

Answer 19

purposely, knowingly, recklessly, negligently

Question 20

Purposely:

Answer 20

A person acts purposefully when it is his conscious objective or desire to engage in the conduct or cause the result.
• Ex: shooting someone specific/hoping to shoot someone specific

Question 21

Knowingly:

Answer 21

A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
• Ex: Firing a pistol into a full crowd

Question 22

Recklessly:

Answer 22

A person acts recklessly when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
• Ex: Firing shots into open-air, a person is injured by a falling bullet

Question 23

Negligently:

Answer 23

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
• Ex: Dropping a gun and accidentally pulling the trigger while trying to catch it

Question 24

Strict liability offenses

Answer 24

Actions that are considered criminal, regardless of the intentions.
• Ex: speeding and selling alcohol to a minor

Question 25

The defenses of ignorance and mistake

Answer 25

Provides defense to criminal charges when the mistaken view of facts is inconsistent with the required criminal purpose.