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Criminal Law > Criminal Law > Elements of Crimes > Flashcards

Criminal Law > Elements of Crimes Flashcards

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1
Q

Elements of a CrimeA crime almost always requires proof of 3 elements. A crime may also require 2 additional elements. What are they?

A

Almost always proof of1. a physical act (actus reus)2. a mental state (mens rea), and3. concurrence of the act and mental stateSometimes proof of:4. proof of a result and5. causation (i.e. that the act caused the harmful result)

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2
Q

Elements of a Crime > Actus ReusActus Reus (the physical act of a crime) could come in 3 forms. What are they?

A
  1. Physical or external component of a crime2. Voluntary act; or3. Omission which violates a legal to duty to act or aid
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3
Q

Elements of a Crime > Actus ReusWhat are three examples of a physical or external component of a crime that could fulfill it’s Actus Reus requirement?

A
  1. prohibited conduct (e.g. speeding)2. prohibited result (e.g. killing); or3. attendant circumstances (e.g. age of victim)
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4
Q

Elements of a Crime > Actus ReusGenerally there is no legal duty to act or aid another. But when a crime’s Actus Reus comes from an omission which violates a legal duty to act or aid, what are the 5 potential sources of its duy?

A
  1. statute (e.g. paying taxes, reporting child abuse)2. contract (e.g. nurse, nanny)3. relationship (e.g. parent, spouse)4. assumption of care (e.g., Misery)5. creation of peril (e.g. hitting pedestrian)
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5
Q

Elements of a Crime > Mens ReaWhat is Mens Rea?

A

Mens Rea is the mental or internal component of a crime.

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6
Q

Elements of a Crime > Mens ReaThere are 4 types of common law crimes that require different degrees of Mens Rea. What are they and what is the Mens Rea requirement?

A
  1. Specific intent crimes: Purpose– acting with a conscious object to do something2. Malice crimes: Knowledge– Awareness that the conduct is of a particular nature or will cause a particular result3. General intent crimes: Awareness– Awareness of acting in a proscribed manner4. Strict liability crimes: No Mens Rea– Awareness of committing the act.
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7
Q

Elements of a Crime > Mens ReaName the 4 types of common law specific intent crimes.

A
  1. first-degree murder2. assault3. inchoate offenses (solicitation, attempt, conspiracy)4. property-related offenses (larceny, embezzlement, false pretenses, robbery, burglary, forgery)
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8
Q

Elements of a Crime > Mens ReaName the 3 common law malice crimes.

A
  1. murder2. arson3. malicious mischief
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9
Q

Elements of a Crime > Mens ReaName 4 types of common law general intent crimes.

A
  1. rape2. battery3. kidnapping4. ALL OTHER CRIMES that don’t require specific intent or malice (and are not subject to the exception of strict liability) - This is a catch-all
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10
Q

Elements of a Crime > Mens ReaName the 3 types of strict liability offenses that require no Mens Rea at all.

A
  1. statutory rape2. public health and safety regulations (e.g. traffic, health and sanitation codes, selling liquor to minors, etc.)3. bigamy (in some jurisdictions)
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11
Q

Inchoate OffensesWhat are these crimes? What category of mens rea?

A

Solicitation, Attempt and Conspiracy - specific intentThese are specific intent crimes with the goal of committing some target crime. They cannot be committed through negligence or recklessness.

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12
Q

Inchoate Offenses > SolicitationElements?

A
  1. Actus Reus: Asking or encouraging someone to commit a crime.2. Mens Rea: With the intent that they commit the crime.
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13
Q

Inchoate Offenses > Solicitation3 Liability Rules:

A

a. Solicitation is complete once words are spoken.b. Merger into completed target offense.c. Impossibility is no defense.

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14
Q

Inchoate Offenses > ConspiracyElements and majority rule/common law/MPC distinctions

A
  1. Actus Reus: An agreement to commit an unlawful act2. Mens Rea: Intent to achieve the object of the agreement3. An overt act in furtherance of conspiracy, however minor. - Majority of states - NOT required at Common Law4. Both parties to the agreement must have the intent to achieve the target objective. - Majority rule/common law “Bilateral Rule” - ONLY 1 PARTY under UPC
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15
Q

Inchoate Offenses > ConspiracyLiability Rules:

A
  1. Conspirators may be liable for 3 different crimes2. You cannot withdraw liability retroactively3. Impossibility is no defense
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16
Q

Inchoate Offenses > ConspiracyLiability Rule 1: Conspirators may be liable for 3 different crimes. Which 3?

A

a. conspiracy;b. completed target crime (there is NO merger); andc. all foreseeable crimes by co-conspirators in furtherance of the conspiracy.e.g., Elinor and Marianne agree to rob a bank with fake guns. E hides a real gun in her purse and shoots dead a guard during the robbery.- What crimes are M liable for?- ALL of them! 1) conspiracy, 2) armed robbery, AND 3) murder***It is foreseeable that Elinor would shoot and murder an armed guard to aid in the armed robbery because she hid a real gun in her purse for the robbery. Marianne is liable for that.

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17
Q

Inchoate Offenses > ConspiracyLiability Rule 2: You cannot withdraw liability retroactively (for completed crimes). Under common law, can your withdrawal from the conspiracy work as a defense against further crimes of co-conspirators, the conspiracy itself, or completed crimes of co-conspirators? If so, what must you do?

A

Under Common Law, (a) voluntarily withdrawing; and (b) notifying co-conspirators in time for them to abandon their plans is a defense against only the further crimes of co-conspirators. One cannot use voluntary withdrawal and notification to co-conspirators as a defense to either the conspiracy itself or the completed crimes of co-conspirators.Under MPC (rarely tested), If you (a) voluntarily withdraw; and (b) actually thwart the success of the conspiracy, that IS a defense against the conspiracy itself.

18
Q

Inchoate Offenses > AttemptElements:

A
  1. Actus Reus: - CL: Dangerous proximity toward completion of a crime - MPC: Substantial step beyond mere preparation toward completion of a crime2. Mens Rea: Intent to commit a crime
19
Q

Inchoate Offenses > AttemptLiability Rules

A
  1. Merger (attempt merges into completed target offense)2. Legal impossibility is a defense (rarely happens though). E.g., If it’s not actually a crime, but you thought it was.
20
Q

Crimes Against the PersonName the 8 types of crimes against the person

A
  1. Battery2. Assault3. Homicides (common law)4. Murder by degrees (modern)5. Rape6. Statutory Rape7. False Imprisonment8. Kidnapping
21
Q

Crimes Against the Person > BatteryElements:

A
  1. Actus Reus: Unwanted touching of another person2. Mens Rea: General intent (awareness of acting in a proscribed manner)NOTE: Force need not be applied directly to D.NOTE: Injury NOT required.
22
Q

Crimes Against the Person > BatteryAggravated Battery: Most states treat these batteries as felonies. The elements of aggravated battery include1. Battery (AR: Unwanted touching; MR: general intent); and2. An extreme actWhat 3 types of conduct constitute an extreme act?

A

a. deadly or dangerous weaponb. serious bodily injury; orc. child or police victim

23
Q

Crimes Against the Person > AssaultElements:

A
  1. Actus Reus: EITHER a. attempted battery (e.g. missing on accident) OR b. putting someone in reasonable fear of an imminent battery (e.g. missing on purpose)2. Mens Rea: Specific intent (to cause assault or battery)
24
Q

Crimes Against the Person > AssaultAggravated Assault: Elements:

A
  1. Assault; and2. An extreme act, which could be EITHER a. deadly weapon; or b. intent to rape, maim or murder
25
Q

Crimes Against the Person > Homicides (Common Law)What are the 2 types of common law homicides?

A
  1. Murder2. Manslaughter
26
Q

Crimes Against the Person > Homicides (Common Law) > MurderElements:

A
  1. Actus Reus: Unlawful killing of another person2. Mens Rea: Malice aforethought
27
Q

Crimes Against the Person > Homicides (Common Law) > MurderHow is the Mens Rea for common law murder (malice aforethought) created?

A

a. intent to kill,b. intent to inflict serious bodily injury,c. gross recklessness in risking human life (i.e., “depraved heart,” “implied malice”); ord. felony murder

28
Q

Crimes Against the Person > Homicides (Common Law) > MurderWhat are the elements of a felony murder (which satisfies the Mens Rea of malice aforethought for common law murder)?

A
  1. Actus Reus: Killing during the course of a felony2. Mens Rea: NONE - strict liability
29
Q

Crimes Against the Person > Homicides (Common Law) > Murder**Look at the Actus Reus requirements and limitations on liability for felony murder.

A

Killing, During, Felony, Foreseeability

30
Q

Crimes Against the Person > Homicides (Common Law) > ManslaughterWhat are the elements for voluntary manslaughter

A
  1. Unlawful killing of another person2. Malice aforethought3. “Heat of passion”
31
Q

Crimes Against the Person > Homicides (Common Law) > ManslaughterWhat are the sub-elements for the “heat of passion” requirement in voluntary manslaughter?

A

a. sudden and intense reactionb. adequate provocation (physical act + would inflame ordinary person)c. no cooling off period (it all has to be there at the scene)TIP: The “heat of passion” is no defense to killing, although it may reduce the killing from murder to manslaughter.

32
Q

Crimes Against the Person > Homicides (Common Law) > ManslaughterInvoluntary manslaughter can happen on its own or during the course of a different crime. What are the elements for both instances?

A

Involuntary manslaughter1. Actus Reus: unlawful killing of another person2. Mens Rea: RecklessnessNOTE: Gross recklessness would constitute “depraved heart” murder, not involuntary manslaughter (i.e. when anyone would know they are risking human life with their acts).Involuntary manslaughter during another crime1. Actus Reus: Killing during the course of a misdemeanor or a felony that does not trigger felony murder (e.g. battery or manslaughter, but not robbery)2. Mens Rea: NONE, strict liability

33
Q

Crimes Against the Person > Murders by Degrees (Modern)Two types of First Degree Murder: 1) First Degree Murder and 2) First Degree Felony Murder - what are the elements for both?

A

First Degree Murder1. Actus Reus: Unlawful murder of another person2. Mens Rea: With premeditation and deliberationNOTE: This is the only specific intent homicideFirst Degree Felony Murder1. Actus Reus: killing during the course of a specified serious felony (enumerated by statute, e.g., rape, burglary, robbery, arson, kidnapping)2. Mens Rea: NONE - strict liability

34
Q

Crimes Against the Person > Murders by Degrees (Modern)Second Degree Murder: Elements?

A

The elements for all other common law murders:a. intentionalb. serious bodily injuryc. depraved heart, andd. felony murders not specified as first degree* The Catch-All

35
Q

Crimes Against the Person > RapeElements

A
  1. Actus Reus: Sexual intercourse (i.e., penetration) by force or threat of force without consent2. Mens Rea: General intent regarding consent3. No reasonable mistake as to consentNOTE: If you negligently think she consented, that’s rape
36
Q

Crimes Against the Person > Statutory RapeElements:

A
  1. Actus Reus: Sex with a minor (defined by state law- usually 14 or 16)2. Mens Rea: NONE, strict liability.3. Mistake is no defense
37
Q

Crimes Against the Person > False ImprisonmentElements:

A
  1. Actus Reus: Unlawful confinement of victim against will2. Mens Rea: General intentNote: If you negligently thought she wanted to be in your home for a week, that’s false imprisonment
38
Q

Crimes Against the Person > KidnappingElements:

A
  1. Actus Reus: Movement (“asportation”) of victim against will (Minority rule + other crime)2. Mens Rea: General intent regarding consent (so you can negligently kidnap)
39
Q

Crimes Involving PropertyWhat are the 3 highly tested ones. What are the others?

A

Larceny, Embezzlement, False PretensesRobbery, Extortion, Receiving Stolen Property, Forgery, Uttering, Malicious Mischief, Burglary, Arson

40
Q

Possession OffensesElements

A
  1. Actus Reus: Possession of a prohibited item2. Knowledge of possession of item (not that it’s prohibited)

Criminal Law (1 decks)

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