Crim

Question 1

What is the formula for Criminal Liability?

Answer 1

Actus Reus + Mens Reus + No defenses

Question 2

Proctor Rule

Answer 2

Unlawful intent, so long as unexecuted, amounts merely to a thought, and is not subject to punishment.

Question 3

Can omission of an act be an act?

Answer 3

Yes. Omitting an action can be the act, as long as the D had a legal duty to act.

Question 4

Four situations where the failure to act for another may constitute a breach of legal duty

Answer 4

1. Statute imposes a duty to care for another
2. Where one stands in a certain relationship status
3. Where one has assumed a contractual duty to care for another
4. Voluntary assumption to care for another

Question 5

MPC 2.01(3): Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

Answer 5

1. The omission is expressly made sufficient by the law defining the offense; OR
2. A duty to perform the omitted act is otherwise imposed by law.

Question 6

Elements of Possession

Answer 6

1. Effective power over the thing possessed; AND

2. The intention to control it.

Question 7

Constructive Possession: Define

Answer 7

The power and intention to execute control, or dominion and control, over an object not in one’s “actual” possession.

1. Authority/ability
2. Dominion
3. Intent

Question 8

Examples of Constructive Possession

Answer 8

1. Hidden at home
2. While held by an agent
3. Secured in a safe deposit box

Question 9

Constructive Possession: Proximity and Control

Answer 9

1. Proximity alone is not enough, no matter how near that proximity is.
2. There must also be intent to control

Question 10

Constructive Possession: General Rule involving guests

Answer 10

Guests retain dominion and control over their own property when they visit another person’s home.

Question 11

Can harmless and constitutionally protected behavior be the actus reus?

Answer 11

No. Lawrence v. Texas.

Question 12

Voluntariness: In order for there to be criminal liability, must every act committed under a statute be voluntary?

Answer 12

Yes. Martin v. State.

Question 13

People v. Grant: Voluntary and control rule

Answer 13

1. If a person is not in control, then the act cannot be voluntary.
2. If it’s not voluntary, there can be no conviction.

Question 14

Prohibition of Status Crimes: Two Rules

Answer 14

1. Cruel and unusual to convict a person for a status they fall under.
2. Cannot criminalize a status.

Think about homelessness as a criminal act. There is a correct answer.

Question 15

Mens Rea: Types of Guilty Minds and Order of Severity.

Answer 15

1. Purposely
2. Knowingly
3. Recklessly
4. Negligently

Question 16

Mens Rea: Purposely

Answer 16

1. The desire to do something

2. Wanting something

Question 17

Mens Rea: Knowingly

Answer 17

1. Awareness

2. Practically certain that the conduct will cause a certain result

Question 18

Mens Rea: Recklessly

Answer 18

1. Consciously disregards a substantial and unjustifiable risk that the material elements exist or will result from his conduct.
2. Recognizing the risk of the act, but performing it anyway.

Question 19

Mens Rea: Are every day risks, such as driving a car, considered Reckless?

Answer 19

No. These are reasonable risks that are taken by ordinary people.

Question 20

Mens Rea: Negligently

Answer 20

1. D should have recognized the risk, but performed the act anyway.
2. RPPSSC would have recognized the risk.

Question 21

Mens Rea: Winning and losing in terms of severity.

Answer 21

If you prove an equal or higher mental blameworthiness than is required, you will win.
If you can only prove a lesser level of mental blameworthiness, you will lose.

Question 22

Mala Prohibitum

Answer 22

Bad BECAUSE it’s prohibited by law.

Question 23

MPC 2.02 (1)

Answer 23

A person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

Question 24

Holdridge Test:

The elimination of the element of criminal intent does not violate the DPC where:

P = RS + C - GB

Answer 24

1. Penalty is relatively small; AND

2. Where conviction does not gravely besmirch.

Question 25

Actual or Potential Harm: Speech

Answer 25

1. Harm signifies a loss of value
2. Speech that calls for violation of laws forbidding specific cognizable harms may be punished only when:
   a. Directed to inciting or producing imminent lawless action; AND
   b. Is likely to incite or produce such an action.

Question 26

Can a person be guilty of an offense if their conduct does not include a voluntary act?

Answer 26

1. A person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act.
2. Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Question 27

What is NOT considered a voluntary act?

CR US H ED

Answer 27

1. A reflex or convulsion
2. A bodily movement during unconsciousness or sleep
3. Conduct during hypnosis or resulting from hypnotic suggestion
4. A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

Question 28

Voluntary Act Defined

Owen Loves PCP

Answer 28

1. An omission to perform a duty;
2. which the law imposes on the offender and;
3. which he is physically capable of performing.

Question 29

Specificity: When can vagueness invalidate a crime?

L PN E OP U C P
AE A DE

Answer 29

1. Law fails to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits.
2. It may authorize and even encourage arbitrary and discriminatory enforcement.

Question 30

Specificity: A law fails to meet the requirements of the DPC if…

Answer 30

It is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits.