Chapter 3: The Elements of a Crime

Question 1

Most crimes include these elements:

Answer 1

• Actus reus (conduct - voluntary act or omission)
• Mens rea (a guilty mind)
• Concurrence of the act and guilty state of mind
• Causation
• A resulting harm

Question 2

No criminal liability for ___

Answer 2

Bad thoughts

Question 3

Acts must be ___; ___ acts cannot be punishment unless defendant could have prevented them

Answer 3

Voluntary; involuntary

Question 4

Defendant is convicted of committing a crime if prosecution can prove that they had a ___ to act

Answer 4

Legal duty

Question 5

A ___ occurs when D is at least aware, or at least should have been aware, of wrongdoing

Answer 5

Guilty mind (mens rea)

Question 6

Recognized mens rea levels include:

Answer 6

• Purpose
• Knowledge
• Recklessness
• Negligence

Question 7

Mens rea level: Purpose

Answer 7

D has conscious object; wants or hopes for a particular harmful result

Question 8

Mens rea level: Knowledge

Answer 8

D is practical certainty; does not necessarily want or hope for a particular result, but is “practically certain” that his actions will cause the result

Question 9

Mens rea level: Recklessness

Answer 9

D is aware of substantial risk; has some sense of awareness of the risk that a particular result will occur, but acts anyways

Question 10

Mens rea level: Negligence

Answer 10

D should have been aware of the substantial risk; clueless, no level of awareness

Question 11

General intent

Answer 11

D’s mens rea pertaining to D’s conduct

Question 12

Specific intent

Answer 12

D’s intent to do something additional - above and beyond the conduct - or D’s intent to cause a particular result

Question 13

How do prosecutors prove mens rea?

Answer 13

• Proof of what the D was thinking at the time of D’s conduct
• Includes circumstantial evidence (indirect evidence) from which the jury may draw inferences about D’s thoughts

Question 14

There must be ___ between AR and MR

Answer 14

Concurrence

Question 15

___ : required only in “result crimes” such as murder

Answer 15

Causation

Question 16

Causation requires the prosecution to prove two things:

Answer 16

1. Factual cause

2. Proximate cause

Question 17

Test for factual cause

Answer 17

If D had not engaged in the conduct, would the result have occurred?

Question 18

Test for proximate cause

Answer 18

Should D be held responsible, or should s/he be relieved from liability because of other causes?

Question 19

Test for proximate cause involves…

Answer 19

The assessment of D’s moral blameworthiness

Question 20

___ offenses are those that do not require the prosecution to establish that D had a guilty mind

Answer 20

Strict liability (i.e. sale of alcohol to minors, sex with a person under the ‘age of consent’)

Question 21

___ are called “regulatory” or “public welfare” laws because they assure public health and safety

Answer 21

Strict liability laws