Criminal Law (Mens Rea)

Question 1

What are the 5 Common Law Mental States (Mens Rea)?

Answer 1

Specific intent, malice, general intent, and strict liability.

Question 2

What are the 4 M.P.C. Mental States (Mens Rea)?

Answer 2

Purposely, knowingly, recklessly, and negligently

Question 3

What are the 6 main Property Crimes?

Answer 3

• Larceny
• Embezzlement
• False pretenses
• Larceny by trick
• Robbery
• Receipt of stolen property

Question 4

What are the enumerated felonies for purposes of Felony-Murder (BARRK)?

Answer 4

Burglary, Arson, Robbery, Rape, and Kidnapping.

Question 5

What are the 3 main Incohate Crimes (SCA)?

Answer 5

Solicitation, Conspiracy, and Attempt.

Question 6

What crimes constitute offenses against a person?

Answer 6

Assault, Battery, Homicide, False Imprisonment, and Kidnapping.

Question 7

What are the 4 major types of homicide?

Answer 7

Common law murder, voluntary manslaughter, involuntary manslaughter, and felony-murder.

Question 8

What crimes constitute offenses against the home or dwelling?

Answer 8

Burglary and Arson.

Question 9

[DEFENSES] What are the 4 insanity tests?

Answer 9

M’Naghten, irresistible
impulse, Durham, and MPC tests.

Question 10

Which inchoate crimes merge with the completed offense / crime?

Answer 10

Solicitation and Attempt DO MERGE into the substantive crime; HOWEVER, Conspiracy DOES NOT merge into the completed crime. This means D may be convicted for the CONSPIRACY to do the crime AND the ACTUAL substantive crime completed.

Question 11

Under what 5 circumstances will a legal duty to act arise?

Answer 11

1. By statute
2. By contract
3. By the relationship of the parties (e.g., parent/child)
4. By D’s voluntary assumption of care for the victim
5. When D created the peril for the victim.

Question 12

For which 2 additional defenses do Specific Intent crimes qualify?

Answer 12

1. VOLUNTARY Intoxication
2. UNREASONABLE mistake of fact

These additional defenses ARE NOT available for other types of crimes (i.e., General Intent and Strict Liability crimes).

Question 13

What are the main SPECIFIC INTENT crimes? (S.C.A.F.A.L.E.F.R.B.F)

Answer 13

Solicitation
Conspiracy
Attempt
First Degree Murder
Assault (i.e., attempted Battery)
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

Question 14

What Intent (Mens Rea) is required for Malice Crimes–Common Law Murder & Arson?

Answer 14

Malice crimes require a reckless disregard of an obvious or high risk that the particular harmful result will occur.

The Voluntary Intoxication and Unreasonable Mistake of Fact defenses DO NOT APPLY to Malice Crimes.

Question 15

What are the 4 General Intent crimes?

Answer 15

1. Battery
2. Rape
3. Kidnapping
4. False Imprisonment

Question 16

What are Strict Liability Crimes?

Answer 16

These crimes have NO mens rea requirement, AND D can be found guilty from the mere fact that they committed the act.

Three major S.L. Crimes: (1) Statutory Rape, (2) Selling Liquor to Minors, and (3) Bigamy.

Question 17

What is Specific Intent?

Answer 17

Intent to engage in the proscribed conduct.

Question 18

What is General Intent?

Answer 18

D’s awareness of acting in the proscribed manner of the crime. (subjective standard)

Question 19

What are the 4 major categories of intent in M.P.C. jurisdictions?

Answer 19

Purposely
Knowingly
Recklessly
Negligently

Question 20

Under the M.P.C., when does a D act PURPOSELY?

Answer 20

When it’s D’s conscious object to engage in proscribed conduct.

Question 21

Under the M.P.C., when does a D act KNOWINGLY?

Answer 21

When D’s aware that their conduct is of a particular nature or will cause a particular result.

Question 22

Under the M.P.C., when does a D act RECKLESSLY?

Answer 22

When D consciously disregards a substantial and unjustifiable risk.

Question 23

Under the M.P.C., when is D CRIMINALLY NEGLIGENT?

Answer 23

When D fails to be aware of a substantial and unjustifiable risk.