Criminal Flashcards
Elements of a Crime
Actus Reus: a physical act (or unlawful omission)
Mens Rea: the SOM/intent of the D at the time of her act
Concurrence: existence of AR/MR at the same time
Harmful Result and Causation: a harmful result caused both factually and proximately by D’s act
Specific Intent Crimes
Assault Attempt Burglary Conspiracy Embezzelment False Pretenses First Degree Premeditated Murder Forgery Larceny Robbery Solicitation
General Intent
An awareness of all factors constituting the crime; awareness of a high likelihood that they exist is sufficient.
Purposely
A person acts purposely with respect to his conduct when it is his conscious object to engage in certain conduct or cause a certain result.
Knowingly
A person acts knowingly with respect to the nature of his conduct when he is aware that his conduct is of that nature or that certain circumstances exist. He is deemed to be aware of these circumstances when he is aware of a high probability that they exist and deliberately avoid learning the truth. He acts knowingly with respect to the result of his conduct when he knows that his conduct will necessarily or very likely cause such a result.
*May satisfy “willfulness.”
Recklessly
DEFAULT MR when not otherwise indicated.
A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.
*Requires (wanton) disregard of the risk; if result is “certain” then MR is “knowing.”
Negligence
A person acts negligently when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances.
*Objective standard weighing a very unreasonable risk against the usefulness of the conduct.
Accomplice
An accomplice is one who with the intent to assist the principal and the intent that the principal commit the crime, actually aids, counsels, or encourages the principal before or during the commission of the crime.
Accessory After the Fact
An accessory after the fact is one who receives, relieves, comforts, or assists a felon, knowing that he has committed a felony in order to help the felon escape arrest, trial, or conviction.
*Felony must be completed at the time aid is rendered.
