Criminal law: Elements of a crime

Question 1

elements of a crime

Answer 1

A. Physical Act

B. Mental State

C. Concurrence of Physical Act and Mental State

D. Causation

Question 2

Physical Act (Actus Reus)

Answer 2

Definition: A willed muscular movement of the defendant.

The following are NOT physical acts for criminal liability:
• sleepwalking
• reflexes
• convulsions
• hypnosis
• being physically forced by another (e.g., A pushes B into C. A is guilty of battery, but not B)

Omissions: As a general rule, a person’s failure to act will not constitute a crime.

Question 3

Mental State (Mens Rea): the 4 mental states

**good card to review but not necessary to memeorize

Answer 3

The common law recognizes four mental states for criminal liability:

1. Specific Intent Crimes
2. Malice Crimes
3. General Intent Crimes
4. Strict Liability Crimes

Criminal law also recognizes the doctrine of transferred intent; it is most often applied in homicide, assault, and battery cases. Transferred intent does not apply to attempt.

Question 4

Mens Rea: specific intent crime

Answer 4

Definition: Crimes for which the prosecution must prove the accused’s intent as a separate element.

List (critical to memorize):

all theft and lying crimes (larceny, robbery, burglary, forgery, false pretenses, embezzlement, bribery, and perjury)

all inchoate crimes (solicitation, conspiracy, attempt)

first degree murder (in states with statutes differentiating degrees of murder)

assault (but only the attempted battery type)

accomplice liability

there are two defenses that apply only to these crimes:

(1) voluntary intoxication and
(2) unreasonable mistake of fact

Question 5

Mens Rea: malice crimes

Answer 5

Definition: Crimes in which the accused acted with (at least) extreme recklessness.

List:

common law murder (and second-degree murder in states with statutes differentiating degrees of murder)

arson

house burning

malicious mischief

Question 6

Mens Rea: general intent crimes

Answer 6

Definition: Crimes in which the accused acted with at least ordinary recklessness or gross negligence.

List:

All crimes that do not require specific intent or malice, including battery, rape, kidnapping, false imprisonment, mayhem, criminal trespass, involuntary manslaughter, voluntary manslaughter, and assault (of the “threat” kind)

If the mental state requirement of a crime is unclear, the default is general intent

Question 7

Concurrence of Physical Act and Mental State

Answer 7

The defendant must have the necessary mental state at time he or she committed the act constituting the crime.

Question 8

Causation

Answer 8

To be found guilty, the defendant’s criminal act must be both the actual (“but for”) cause and the proximate cause.

Defendant is the actual cause of murder or manslaughter if the defendant’s criminal act “shortens” the victim’s life.

In rare cases, the defendant may be the actual cause of murder or manslaughter if defendant’s criminal act “lengthens” the victim’s life.

Question 9

Menatl State MPC:

1) Purposely
2) knowingly
3) Recklessly
4) Negliagnce

Answer 9

1) Purposely:
conscious intent to either engage in certain conduct or cause a certain result
(e.g., A shot B because A wanted B to die)

2) Knowingly:
aware that conduct will or likely will cause a certain result; conduct overwhelming likely to produce a result

a reasonable or unreasonable mistake of fact is a defense to such crimes

3) Recklessly:
conscious disregard of a substantial or unjustifiable risk, and this constitutes a gross deviation from standard of care of a reasonable person;

must know that injury might result; this is the default mental state under the M.P.C.

While crimes calling for “recklessness” require a conscious disregard of a substantial and unjustifiable risk, a person who was not consciously aware of a risk due to intoxication will be deemed to have acted recklessly.

4) Neligance:

failure to be aware of a substantial and unjustifiable risk and such failure is a substantial deviation from the standard of care of a reasonable person

(a higher standard than tort law—probably close to tort law’s gross negligence)

Question 10

Strict Liability crimes

Answer 10

Definition: A crime in which the accused’s mental state is irrelevant.

List:
• statutory rape
• selling or providing liquor to minors
• bigamy
• DWI/DUI (and most other traffic violations that are criminal in nature)
Reckless driving is a general intent crime.
• Many regulatory, environmental, and public welfare offenses (e.g., selling impure or adulterated food or alcohol)

Defenses: There are very few defenses to strict liability crimes (i.e., mistake of fact is not a defense, but insanity may be a defense).