Criminal Law: General Principles and Elements of a Crime

Question 1

Principles of prosecution

Answer 1

Burden of proof: the prosecution must prove each element of the crime beyond a reasonable doubt.

Elements of a crime:
(1) guilty act (voluntary act)
(2) guilty mind (specific intent, general intent, malice, strict liability)
(3) causation (actual and proximate)
(4) concurrence (Defendant commits act)

Question 2

Types of crimes

Answer 2

Felony: a criminal offense punishable by death or imprisonment for a year or more.

Misdemeanor: a criminal offense punishable by a fine or less than a year in prison.

Question 3

Void for vagueness doctrine

Answer 3

A statute must provide fair notice of the forbidden conduct.

Question 4

Plain meaning rule

Answer 4

A court must give effect to the plain meaning of the statute, even if
it seems unwise, unless that would lead to injustice or an absurd consequence.

Question 5

Guilty act

Answer 5

A voluntary act include an act that is habitual.

A voluntary act does not include:
(1) a reflex or convulsion;
(2) conduct during hypnosis, unconsciousness, or sleep;
(3) a bodily movement that is not a product of effort or determination (e.g., someone
pushes the defendant and that results in harm to another); or
(4) mere thoughts.

Question 6

Guilty act: omissions

Answer 6

A voluntary act generally does not include “omissions” or failures to act. BUT it does include a failure to act when there is a legal duty.

Question 7

Guilty mind

Answer 7

Specific intent: When defendant wishes or wants to achieve a specific result. He acts with a specific purpose
in mind.

General intent: Defendant intentionally performs the act even if he does not intend a specific result. Note that the jury can usually infer the general intent simply by the actus reus.

Question 8

MPC: mental states

Answer 8

(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligently
(5) Strict liability - no mental state required

Question 9

Causation

Answer 9

Actual causation: But for the defendant’s conduct, the result would not have occurred at all or when it did.

Proximate causation: A defendant’s conduct is the proximate cause if the result is a natural and probable consequence of the conduct. One has to only foresee the result—not the exact manner in which it occurred.

Question 10

Concurrence

Answer 10

Defendant must have the guilty mind at the time that he commits the guilty act.