Criminal Law

Question 1

Elements of a Crime

Answer 1

Act (Actus Reas) - A voluntary act or omission

Mental State (Mens Rea) - Requisite intent

Concurrence of Act and Mental State - The requisite mental state must be present at the time of the act

Causation - The act must be the cause-in-fact and proximate cause of the result

Question 2

Type of Actus Reas

Answer 2

Physical Act - A voluntary bodily movement - not the product outside the person’s own volition, a reflex or convulsion, or while unconscious or asleep

Omission - Failure to perform when:
- There is a legal duty to act,
- Defendant has knowledge of the facts giving rise to the duty to act, and
- It is reasonably possible to perform the duty

Possession - Control of an item for a long enough period to have an opportunity to terminate possession
- Constructive Possession - Item is located in an area within the defendant’s dominion and control

Question 3

Specific Intent

Answer 3

Doing an act with a specific objective
- Merely doing the act is not enough
- Specific intent may be inferred by the manner of the act

Question 4

Specific Intent Crimes

Answer 4

Mnemonic Device - Student Can Always Fake A Laugh, Even For Ridiculous Bar Facts

• Solicitation
• Conspiracy
• Attempt
• 1st Degree Premeditated Murder
• Assault
• Larceny
• Embezzlement
• False Pretenses
• Robbery
• Burglary
• Forgery

Question 5

Malice

Answer 5

Reckless disregard of an obvious or high risk that particular harmful result will occur

Question 6

Malice Crimes

Answer 6

• Common Law Murder
• Arson

Question 7

General Intent

Answer 7

Awareness of all factors constituting the crime
- Inferred from merely committing the act

Question 8

General Intent Crimes

Answer 8

• All crimes not specific intent or malice

Question 9

Strict Liability

Answer 9

Does not require awareness of all factors constituting the crime
- Defendant found guilty by merely committing the act

Question 10

M.P.C. Mental States

Answer 10

Purposefully - Act committed as the person’s conscious objective to engage in certain conduct or cause a certain result

Knowingly - Act committed while aware their conduct is of a particular nature or that certain circumstances exist
- Circumstances - Person only need to be aware of a high probability that the circumstances exist or deliberately avoid learning the truth
- Conduct - Person only need to know their conduct will very likely cause a particular result

Recklessly - Consciously disregard a substantial and unjustifiable risk that constitutes a gross deviation from a reasonable standard of care

Negligence - Failure to perceive a substantial or justifiable risk

Question 11

Vicarious Liability

Answer 11

One without personal fault may be held liable for criminal conduct of another (i.e., employer for an employee)

Question 12

Enterprise Liability

Answer 12

Common Law - Corporations do not have capacity to commit crimes

MODERN RULE - Corporation may be held liable for acts performed by (1) an agent of the corporation acting within the scope of employment or (2) a corporate officer whose acts reflect corporate policy

Question 13

Transferred Intent

Answer 13

Intent transfers when one intends harm that is actually caused to a different victim or object