Criminal Law

Question 1

Actus Reus

Answer 1

The volitional guilty act part of a crime; not liable for omission to act unless 1) legal duty to act and; 2) reasonable to act.

Legal Duty:

1) Special Relationship; Parent - Child
2) Statute
3) Contract
4) Assume Care
5) Create Peril
6) Landowner
7) Control of Others

Question 2

Mens Rea

Mental Part

Answer 2

The required particular mental state for a crime.

Question 3

Specific Intent

Answer 3

Defendant has an actual intent or purpose to do a prohibited action of a particular crime.

Question 4

General Intent

Answer 4

Defendant has volitional intent to commit an act that is prohibited.

Question 5

Strict Liability

Answer 5

Defendant only needs to commit the act, no mental state.

Question 6

Willful and Wanton

Answer 6

Defendant was reckless as defined by the MPC; aware act created a substantial and unjustifiable risk of crime.

Question 7

Knowledge

Answer 7

Defendant had a subjective belief that a crime was being committed.

Question 8

Criminal Negligence

Answer 8

A reasonable person would have known there was a substantial likelihood that the Defendant’s action would result in a crime.

Question 9

Model Penal Code Mens Rea

Answer 9

Purposely - Conscious object of causing a criminal result.
Knowingly - Aware of fact that criminal result is almost certain.
Recklessly - Aware act creates a substantial and unjustifiable risk of criminal result.
Negligently - Creates unreasonable risk that criminal result will occur.

Question 10

Accomplice Liability

Answer 10

Defendant 1) encouraged or facilitated the crime, 2) had knowledge of the crime and 3) had intent the crime occur.

Question 11

Accomplice Liability - Common Law

Answer 11

Principle in the 1st and 2nd degree, Accessory before and after the fact.

Liable for all foreseeable probable consequences; all parties liable for acts of principle in the 1st degree; principle must be guilty

Withdrawal: Effective and timely communicated to all parties.

Question 12

Accomplice Liability - Modern Law

Answer 12

Principle; Accomplices and Accessory after the fact.

Liable only for those crimes intended; accessory after the fact not guilty of crimes of principle, guilty of hindering arrest; principle need not be guilty

Withdrawal: Must prevent commission of crime.

Question 13

Vicarious Liability

Answer 13

Employer Employee relationship; Bouncer Hypo

Question 14

Enterprise Liability

Answer 14

Corporate officers liable for acts of corporation.