Crim Law: Elements of a Crime

Question 1

Actus Reus (AR)

Answer 1

1. Physical or external component
2. Voluntary Act
3. Omission which violates a legal duty

Question 2

Legal Duty

Answer 2

a. Generally no legal duty
b. Legal duty may arise from:
1. Statute
2. Contract
3. Relationship
4. Assumption of Care
5. Creation of Peril.

Question 3

Physical or external component

Answer 3

1. prohibited conduct,
2. prohibited result
3. attendant circumstances

Question 4

Wickham is drowning. Stranger stands by. Legal duty?

Answer 4

NO– not brothers keeper.

Question 5

Wickham is drowning. Lifegaurd stands by. Legal duty?

Answer 5

Yes–by contract

Question 6

Wickham is drowning. Stranger leaps in to save, others don’t because he did. Stranger changes his mind at last moment and swims back to shore. Legal duty?

Answer 6

YES

1. assumption of care
2. creation of peril

Question 7

Mens Rea (MR)

Answer 7

Mental or internal component of crime.
CL: Specific Intent (purpose), Malice (greater than gross recklessness), General Intent (greater than gross negligence), Strict liability
MPC: Purpose, knowledge, recklessness, negligence

Question 8

Specific Intent (Purpose)

Answer 8

1. First Degree Murder
2. Assault
3. Inchoate offenses (solicitation, attempt, conspiracy)
4. Property related offenses (larceny, embezz, false pretenses, robbery, burglary, forgery, etc)

Question 9

Malice (>/ Recklessness (gross))

Answer 9

1. Murder
2. Arson
3. Malicious Mischief

Question 10

General Intent (>/ negligence (gross))

Answer 10

1. Rape
2. Battery
3. Kidnapping
4. CATCH-ALL – default

Question 11

Strict Liability (No MR)

Answer 11

1. Statutory Rape

2. Public health and safety regulations (traffic, health, and sanitation codes)

Question 12

Model Penal Code: Purpose

Answer 12

Conscious object

ex. blowing up plane to kill spouse

Question 13

MPC: Knowledge

Answer 13

Awareness

ex. aware others on plane will die

Question 14

MPC: Recklessness

Answer 14

Gross Deviation from norm in consciously disregarding substantial and unjustifiable risk
ex. texting while driving

Question 15

MPC: Negligence

Answer 15

Gross Deviation from norm in failing to perceive substantial and unjustifiable risk
Ex. Teenager Texting while driving.

Question 16

Transferred Intent

Answer 16

RULE: Intent ot harm to particular individual or object transfers if instead causes SIMILAR harm to another person or object.

Question 17

Emma shoots Knightly with intent to kill. Misses him, hit and kills Mr. Woodhouse instead. Is there transferred intent? and What are the charges by each party?

Answer 17

Yes there is transferred intent.
K: Attempted murder
W: Murder

Question 18

Emma shoots Knightley with intent to kill. Misses him and wounds Mr. Woodhouse instead. Is there transferred intent? What are charges?

Answer 18

No transferred intent.
K: Attempted murder
W. Aggravated battery

Question 19

Emma shots Knightley with intent to kill. Goes through his body, killling him and then Mr. Woodhouse. TI? Charges?

Answer 19

No TI
K: Murder
W. Manslaughter to murder –depending on her mental state.

Question 20

Concurrence of AR and MR

Answer 20

RULE: MR for offense must exist SIMULTANEOUSLY with commission of offense.

Question 21

Harriet plits to kill Frank during hunting by shooting him. She does so. Is this first degree murder?

Answer 21

Yes, she planned and carried out simultaneously with that intent.

Question 22

Harriet plits to kill Frank during hunting by shooting him. On the way, she unknowingly runs over and kills him. Is this first degree murder?

Answer 22

NO because she did not have the intent coupled with act cuz she ran over him accidentally.