Crim - Essential Elemnts of a Crime - Intro Matters

Question 1

Jurisdiction - Where may a crime be prosecuted?

Answer 1

(1) Act - Any state where an act that was part of the crime took place; OR
(2) Result - where the result took place.

Question 2

What is burden of proof in a criminal case?

Answer 2

P must prove EACH ELEMENT beyond a reasonable doubt.

Question 3

What are the essential elements of a crime?

Answer 3

(1) The Act (actus reus)
(2) Mental State (Mens rea)
(3) Causation
(4) Concurrence Principle - required to have the mental state at the same time as D engages in the culpable act.

Question 4

How can the act requirement be fulfilled?

Answer 4

By either “commissions” (physical acts) or “omissions” (failure to act).

Question 5

What type of physical acts are considered for the basis of criminal liability?

Answer 5

All VOLUNTARY movements can be physical acts for basis of criminal liability.

Involuntary movements are NOT considered criminal acts.

    * Actions not product of the actor's volition
   * Sleep-walking
   * Reflex or convulsion

Question 6

When can an omission be the basis for criminal liability?

Answer 6

Three Requirements Must Be Satisfied:

(1) You need a legal duty to act - created by
(2) Must have KNOWLEDGE of the facts giving rise to the duty
(3) Need the Ability to Help

Question 7

What are the five ways in which a legal duty to act can be created?

Answer 7

(1) Statute
(2) Contract
(3) Status Relationship between D and victim
* Parent to child and spouse to spouse [most important]
(4) Voluntary assumption of care
(5) Creation of Peril

Question 8

What are the four common law mental states?

Answer 8

(1) Specific Intent
(2) Malice
(3) General Intent
(4) Strict Liability

Question 9

What is the definition of Specific Intent and name the 11 specific intent crimes?

Answer 9

Def: When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.

11 Specific Intent Crimes:

(a) Assault
(b) First degree premeditated murder
(c) Larceny
(d) Embezzlement
(e) False pretenses
(f) Robbery
(g) Forgery
(h) Burglary
(i) Solicitation
(j) Conspiracy
(k) Attempt

Question 10

What are the two defenses that are AVAILABLE ONLY for specific intent crimes?

Answer 10

(1) Voluntary Intoxication
(2) Unreasonable mistake of fact.

Other defenses also available

Question 11

What is the definition of malice and the two common law malice crimes?

Answer 11

Def: When D acts intentionally or with reckless disregard of an obvious or known risk.

Malice Crimes:

(1) CL Murder
(2) Arson

Question 12

What is the CL definition of general intent and the four general intent CL crimes?

Answer 12

Def: D need only be generally aware of the facts constituting the crime; he need not intend a specific result.

General Intent Crimes:

(a) Battery
(b) Forcible Rape
(c) False Imprisonment
(d) Kidnapping

Question 13

What is the CL definition of strict liability and the two types of strict liability crimes?

Answer 13

Def: When the crimes simply doing the act; no mental state is needed.

Two Crimes:

(1) Public welfare offenses - regulatory offenses that implicate public health or safety and typically carry small penalties. (Transferring unregistered firearms/Selling contaminated food)
(2) Statutory Rape - Sex with someone under the age of consent (16 in MA)

Question 14

What are the Five Model Penal Code Mental States?

Answer 14

(1) Purpose
(2) Knowledge
(3) Reckless
(4) Negligence
(5) Strict Liability

Question 15

What is the MPC definition of “purpose”?

Answer 15

D act purposely when it is his conscious desire to achieve a particular result. (It’s what D want to do)

Question 16

What is the MPC definition of “knowledge”?

Answer 16

D acts knowingly when he is aware of what he is doing.

With result to a result, D act knowingly when he is aware that it is practically certain that his conduct will cause the resut.

Question 17

What is the MPC definition of Recklessness?

Answer 17

D acts recklessly when is aware of a substantial and unjustifiable risk, and consciously disregards that risk.

Question 18

What is the MPC definition of Negligence and Strict Liability?

Answer 18

D acts negligently when he should have been aware of a substantial and unjustifiable risk.

Strict Liability: No mental state required

Question 19

What are the two types of causation needed for a crime?

Answer 19

(1) Actual (“BUT FOR”) Causation
* D is an actual cause (“cause in fact”) if the bad result would not have happened BUT FOR D’s conduct. [An accelerating cause is an actual cause]
(2) Proximate (OR “LEGAL”) Causation

D is a proximate cause if the bad result is a natural and probable consequence of D's conduct. 

Note: D will not be considered a proximate cause if an UNFORSEEABLE intervening events causes the bad result.

Eggshell Victim: D will be considered a proximate cause even if the victim’s pre-existing weakness contributed to the bad result.

Question 20

WHat is the concurrence principle and when does it arise most frequently?

Answer 20

Def: D must have the required mental state at the same time as he engages in the culpable act.

Arises most frequently in two crimes:

(i) Larceny; AND
(ii) Burglary