Criminal Law 1-8

Question 1

What are the elements of a crime?

Answer 1

Elements:

Physical act (actus reus);

Mental State element (mens rea);

Causation (actual and proximate cause); AND

Concurrence (mental state and physical act occur at the same time).

Priority: N/A

Question 2

When is an Omission to act considered a crime?

Answer 2

The defendant had a legal duty to act;

The defendant had knowledge of facts concerning the duty to act; AND

It was reasonably possible for the defendant to act.

Priority: N/A

Question 3

What does Causation require?

Answer 3

It requires both:

Actual causation (but for); AND

Proximate cause (it was foreseeable that the injury would have occurred from the defendant’s physical act).

Priority: N/A

Question 4

What is a Superseding Intervening Cause?

Answer 4

It is a third-party’s act that breaks the chain of causation. This normally cuts off the defendant’s liability.

An act will ONLY break the chain if the force was:

Independent of the defendant’s wrongful conduct; AND

Not foreseeable.

Priority: N/A

Question 5

What is the Simultaneous Acts Rule?

Answer 5

A person’s acts will still be the proximate cause of a resulting injury if his wrongful conduct created a condition of peril.

A wrongful act that accelerates death is still the legal cause of death, even if the person was going to die eventually.

Priority: N/A

Question 6

Under the Common Law, what mental state categories were used?

Mental states under the Model Penal Code?

Answer 6

Common Law: Specific Intent, General Intent, Malice, & Strict liability.

MPC: Purposefully, Knowingly, Recklessly, & Criminal Negligence.

*Willful Blindness Standard: A person acts knowingly when they are aware that certain facts are highly probable OR are intentionally ignorant of them.

Priority: N/A

Question 7

Murder

Murder under the Common Law

Answer 7

The unlawful killing of a person with malice aforethought.

Malice aforethoughtrequires a showing of:

An intent to kill;

An intent to inflict great bodily injury;

A reckless disregard of an extreme risk to human life; OR

An intent to commit an inherently dangerous felony under the felony murder rule.

Priority: HIGH

Question 8

Murder

Second Degree Murder

vs.

First Degree Murder

Answer 8

Second Degree Murder: The unlawful killing of a person with malice aforethought.

Malice aforethought: is established upon a showing of an intent to kill, an intent to inflict great bodily injury, a reckless disregard of an extreme risk to human life or an intent to commit an inherently dangerous felony under the felony murder rule.

First Degree Murder: Occurs when the killing was deliberate AND premeditated.

Priority: HIGH