CRIMES - ELEMENTS

Question 1

Define specific intent

Answer 1

Intent is a necessary element of the crime itself!
Specific intent crimes typically require that the defendant intentionally commit an act and intend to cause a particular result when committing that act.
Actual intent to perform some act, along with a wish for the consequences that result from that act.

Question 2

What are the defenses for strict liability offenses?

Answer 2

Limited to:
INSANITY
INVOLUNTARY TOXICATION
DURESS
NOT Mistake of fact (whether reasonable or not) is NOT a defense for strict liability crimes.

Question 3

Define concurrence

Answer 3

Guilty act and guilty mind must occur CONCURRENTLY (that is, defendant must have had a guilty mind at the time of the act to be held criminally liable) AND the mental state must cause the act.

Question 4

Define general intent

Answer 4

Intent to perform or cause the bad act. A jury may infer the required general intent from the fact that the defendant committed the act.

Question 5

Define strict liability

Answer 5

NO INTENT is required for criminal liability (def is guilty just based on committing the prohibited act)

Strict liability offenses, or public welfare offenses, are generally regulatory offenses with “low” penalties (e.g. selling ETOH to a minor, statutory rape, etc.)

Question 6

Define recklessly

Answer 6

A conscious disregard of a substantial and unjustified/unjustifiable risk that the material element exists or will result from her conduct.

A risk is substantial and unjustifiable if considering the nature and purpose of defendant’s conduct and the circumstances known to her, its disregard involves a GROSS DEVIATION FROM THE STANDARD OF CONDUCT that a law-abiding person would observe in the actor’s situation.

Question 7

What are the defenses to general intent crimes

Answer 7

Mistake must be REASONABLE to be a defenese
Any intoxication must be INVOLUNTARY

Question 8

Types of mens rea

Answer 8

Specific intent
General intent
Malice
Strict liability

Question 9

Where can a crime be prosecuted

Answer 9

Any state where an act constituting an element of the offense was committed
OR
Any state where the act caused a result

Question 10

What are the limits on vicarious criminal liability?

Answer 10

The defendant must have had the ability to control the person who committed the crime.
Punishment for vicarious liability is limited to fines

Question 11

Define mens rea

Answer 11

A guilty mind. A defendant must have had a guilty state of mind at the time of the act to be held criminally liable.

Question 12

What are the malicious crimes?

Answer 12

Arson
Common law/second-degree murder

Question 13

When is possession considered an act?

Answer 13

Possession is considered an act if the defendant was aware of her possession/control of the contraband FOR A SUFFICIENT PERIOD OF TIME TO HAVE BEEN ABLE TO TERMINATE HER POSSESSION/CONTROL

Question 14

What are the constitutionally permissible burdens of proof for the insanity defense?

Answer 14

The S.Ct. has held that placing the burden of persuasion of insanity upon the defendant is not unconstitutional (i.e. once the facts constituting a crime are established beyond a reasonable doubt, based on all evidence including the evidence of the defendant’s mental state, the state may refuse to sustain the affirmative defense of insanity unless demonstrated by a preponderance of the evidence.

BEYOND A REASONABLE DOUBT: In most states, the prosecution must prove beyond a reasonable doubt that the defendant is NOT insane.

PREPONDERANCE OF THE EVIDENCE: In other states, the defendant must prove the defense of insanity by a preponderance of the evidence.

CLEAR AND CONVINCING EVIDENCE: Under federal law, the defendant must prove insanity by clear and convincing evidence.

Question 15

When is there a legal duty to act?

Answer 15

1. by statute
2. by contract
3. relationship between parties
4. voluntary assumption of care (no general duty to aid, but good samaritan who does must act w reasonable standard of care)
5. creation of peril

Question 16

Define KNOWINGLY

Answer 16

Defendant is aware that IT IS PRACTICALLY CERTAIN THAT CONDUCT WILL CAUSE SUCH A RESULT

Question 17

What is the burden of proof?

Answer 17

The prosecution must prove each element of a crime BEYOND A REASONABLE DOUBT.

Question 18

What is the merger doctrine?

Answer 18

Also known as lesser included offense. A crime that is necessarily committed in carrying out a greater crime because the greater crime contains all of the elements of the lesser crime. For example, a defendant who is convicted of murder is also necessarily guilty of battery, because the elements of murder include the offense of battery. Despite that, a jury cannot convict a defendant of both a greater and lesser crime for the same conduct. However, a court may instruct a jury to convict the defendant on a lesser crime even if they are not convinced beyond a reasonable doubt that the defendant is guilty of the greater crime. Prosecutors sometimes decide to charge a defendant with a lesser crime to increase their chances of securing a conviction, rather than risking an acquittal at trial for a greater crime. Prosecutors also use lesser crimes to encourage plea bargaining by offering to reduce a charge from the greater offense to the lesser offense in exchange for a guilty plea.

Question 19

Define NEGLIGENTLY

Answer 19

Defendant should be aware of a SUBSTANTIAL AND UNJUSTIFIABLE RISK that the material element exists or will result from her conduct.

A risk is substantial and unjustifiable if, considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant at the time, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation

Question 20

Define PURPOSELY

Answer 20

A person acts purposely if it is her conscious object to engage in conduct of that nature or to cause such a result

Question 21

What are the general intent crimes?

Answer 21

Assault as threat
Battery
False imprisonment
Kidnapping
Rape

Question 22

What is transferred intent

Answer 22

When the defendant intended to harm one person but actually causes harm to another person, the intent is transferred to the victim actually harmed. Defendant may also be prosecuted for ATTEMPT TO HARM THE INTENDED VICTIM.

Question 23

What is the common law “year and one day” rule?

Answer 23

At common law, the death of a victim must occur within one year and one day of the injury or the defendant cannot be found guilty of homicide, even if the defendant’s act was the “but for” cause of the victim’s death.

Question 24

Define actus reus

Answer 24

A guilty act: either a COMMISSION OR AN OMISSION

Question 25

What is the burden of proof for defenses?

Answer 25

The prosecution must DISPROVE every element of a defense raised by the defendant beyond a reasonable doubt

Question 25

What is the burden of proof for defenses?

Answer 25

The prosecution must DISPROVE every element of a defense raised by the defendant beyond a reasonable doubt

Question 26

Define causation

Answer 26

Some crimes, such as murder, require causation (i.e. the defendant’s act or omission MUST BE THE CAUSE OF THE HARM)

Question 27

DEFENSES AVAILABLE ONLY FOR SPECIFIC INTENT CRIMES

Answer 27

Diminished capacity
UNREASONABLE mistake of fact
(obv reasonable mistake of fact works, too, but this one is not exclusive to specific intent crimes)

Question 28

What are the mental states defined by the model penal code

Answer 28

PURPOSELY
KNOWINGLY
RECKLESSLY
NEGLIGENTLY

Question 29

What is a commission?

Answer 29

A voluntary physical act
Voluntary means that the bodily movement must have been the product of the actor’s own volition

Question 30

What are the specific intent crimes?

Answer 30

First degree murder
Assault (as attempted battery–the specific intent to commit battery)
Burglary
Robbery
Larceny
Embezzlement
False pretenses
Forgery
Inchoate crimes (solicitation, attempt, conspiracy)

Question 31

What is an omission?

Answer 31

Failure to act where there is a legal duty to act

Question 32

What are the elements of a crime?

Answer 32

Actus reus (guilty act)
Mens rea (guilty mind)
Concurrence
Causation

Question 33

What are the limits on transferred intent?

Answer 33

Cannot xfer between different crimes. Must be same crime for intent to transfer
Transferred intent DOES NOT APPLY TO ATTEMPT

Question 34

Define actual cause

Answer 34

BUT FOR = WITHOUT (just ask: did D’s conduct or failure actually cause the harm?)
If harm would have occurred without defendant’s act or failure to act, there is NO ACTUAL CAUSE
BUT, if harm would not have occurred without defendant’s act or failure to act, there IS ACTUAL CAUSE.

Question 35

Define malice

Answer 35

Intention or reckless disregard of an obvious or known risk

Question 36

Define proximate cause

Answer 36

Defendant is guilty for all the natural and probable consequences of his act or omission. Liability is limited to consequences that bear some reasonable relationship to the actor’s conduct, so as not to offend notions of common sense, justice, and logic.

Question 37

Define vicarious liability

Answer 37

Vicarious liability is another type of strict liability that may be imposed upon one person for the act of another.

The most common situation for vicarious liability is where an employer or principal is held liable for the acts of an employee or agent (employee sells alcohol to underage patron)