Crim Law

Question 1

Can pure intent to do something be a crime?

Answer 1

No. No thoughtcrime! Must be accompanied by an Act.

Question 2

Basic elements of any crime

Answer 2

• Act or Omission (must be voluntary)

- Mens Rea (state of min re:act)

Question 3

Does transferred intent apply to crimes?

Answer 3

Yes, transferred intent applies to all completed crimes, not attempted crimes

Question 4

How does merger work in criminal law?

Answer 4

D cannot be convicted of more than one crime arising out of the same act. Two types of merger:

1. Lesser included offense merges into greater offense (when ALL elements of lesser offense appear in greater offense)
2. merger of inchoate and completed offense (attempt and solicitation merge but NOT conspiracy)

Question 5

Defenses to crimes (list only)

Answer 5

Mistake of Fact
Duress
Insanity
Involuntary Intox
Voluntary Intox (only for spec intent crimes w/ mens res)
Self Defense, defense of others
Necessity (natural forces, lesser of 2 evils)

Question 6

statutory rape

Answer 6

sexual intercourse with a person under the age of consent

Question 7

is mistake of fact a defense to statutory rape?

Answer 7

no, because it’s a strict liability crime, so there’s no mens rea to negate