Criminal Law (Final w/ Critical Pass)

Question 1

What is a felony and a misdemeanor?

Answer 1

Felony: crime that is punishable by death or imprisonment for more than one year

Misdemeanor: crime that is punishable by imprisonment for no more than one year or by fine only

Question 2

What are the four types of intent classifications?

Answer 2

Specific Intent: crime where the ∆’s guilt depends on whether the ∆ intended to bring about a specific prohibited harm

General Intent: crime where the ∆’s guilt depends on whether the ∆ possessed a generally bad state of mind

SL crime: crime in which the ∆’s guilty depends on whether the ∆ voluntarily engaged in conduct prohibited by a statute without finding a specific mental state

Malice Crime: crime in which the ∆ acts with reckless disregard or undertakes an obvious risk that harm will likely follow

Question 3

What is Actus Reus?

Answer 3

Voluntary physical act such as the ∆’s voluntary bodily movement

Question 4

Can an omission be an Actus Reus?

Answer 4

Omissions or failures to act can meet the actus reus requirement if the ∆ had (1) a legal duty to act, (2) the ∆ had knowledge of this duty, and (3) the ∆ had the physical ability to perform this duty.

Question 5

What are the MPC standards of Mens Rea?

Answer 5

(1) Purposely: a person acts purposely when they have a conscious objective to engage in particular conduct or cause a certain result

(2) Knowingly: a person acts knowingly if they are aware that their conduct is a particular nature and will cause a certain result

(3) Reckless: a person acts reckless when they are aware of a substantial and unjustfiable risk and they consciously ignore it

(4) Negligence: a person acts negligent when they fail to become aware of a substantial or unjustifiable risk