Criminal Law Principles

Question 1

What is actus reus?

Answer 1

the act required to commit a given crime (required for every crime)

Question 2

How do you satisfy actus reus?

Answer 2

D must perform a VOLUNTARY physical act; a voluntary bodily movement

Question 3

Can omission constitute actus reus?

Answer 3

Yes (failure to act) if:

1. D had specific legal duty to act
2. D had knowledge of facts giving rise to the duty; and
3. it was reasonably necessary for D to perform the duty

Question 4

What is mens rea?

Answer 4

the mental element required at time a crime was committed (required for every crime)

Question 5

What are the different types of mens rea?

Answer 5

1. specific intent
2. general intent
3. malice
4. intent doesn’t matter: strict liability

Question 6

What is specific intent?

Answer 6

D must have the specific intent or object to commit the crime; must be proven (never inferred)

Mistake of fact and voluntary intoxication are defenses to negate SI

Question 7

What is general intent?

Answer 7

D must be aware of his action any attendant circumstances; may be inferred from act itself; most crimes are GI crimes

Question 8

What is malice?

Answer 8

D act w/ reckless disregard or undertakes obvious risk, from which a harmful result is expected (applies to arson and CL murder)

Question 9

What is strict liability?

Answer 9

no mens rea is required (aka no intent or awareness needs to be proven) - arises w/ administrative and morality crimes

Question 10

What are the MPC mens rea standards?

Answer 10

1. purposely: subjective std, when conscious objective is to engage in a certain conduct and cause certain result
2. knowingly: subjective std, person is aware that his conduct is of a particular nature or knows that his condcut will necessarily or very likely cause particular result
3. recklessly: subjective std, person knows of substantial and unjustifiable risk and consciously disregards it
4. negligently: objective std, fails to become aware of a substantial and unjustifiable risk

Question 11

What are the SI crimes?

Answer 11

attempt 
larceny & robbery
forgery
false pretenses
embezzlement 
conspiracy
assault
burglary
first-degree murder
solicitation

Question 12

What are general intent crimes?

Answer 12

battery
rape
kidnapping
false imprisonment

Question 13

What are malice crimes?

Answer 13

CL murder (malice aforethought)
arson

Question 14

What are strict liability crimes?

Answer 14

statutory rape
regulatory crimes
administrative crimes
morality crimes (polygamy)

Question 15

What are the concurrence and causation requirements?

Answer 15

concurrence: D’s criminal act and requisite MR to commit crime occur simultaneously
causation: cause in fact and proximate cause

superseding factors break chain of causation
intervening: must be entirely unforeseeable to shield D from liability (V’s refusal of med. treatment, third-party neg. = foreseeable)

Question 16

What is the transferred intent doctrine?

Answer 16

D may be held liable if he intends the harm caused, but causes it to a different V or object than intended

this does not apply to attempt

Question 17

What is the effect of the transferred intent doctrine?

Answer 17

D is usually charged w/ 2 crimes: attempt (to commit orig. crime) and the actual, resulting crime

D intends to shoot A but kills. D can be charged w/ attempted murder of A and murder of B (no merger because DIFFERENT victims)

Question 18

What is the merger doctrine?

Answer 18

concerns relationship between inchoate & completed substantive offense; or offense and lesser included offense

when it applies, two offense merge - prohibiting D from being prosecuted for both crimes

Question 19

When does merger apply for inchoate crimes?

Answer 19

only applies to solicitation and attempt (prevents D from being convicted of both sol & attempt and the target offense)

D completes burglary after attempting - D cannot be convicted of both attempt and burg.

Question 20

Does merger apply to conspiracy?

Answer 20

No - can be convicted of conspiracy to commit crime and the crime itself

Question 21

Can D be convicted of a target crime adn a lesser included offense?

Answer 21

No - (LIO = includes same but not all elements of greater crime)

D’s robbery accomplice kills V during robb. D can be convicted of felony murder but not lesser included robb offense.

Question 22

Do crimes w/ different victims merge?

Answer 22

Never

Question 23

What are the inchoate offenses?

Answer 23

solicitation
conspiracy
attempt

Question 24

Who is an accomplice?

Answer 24

one who aids, encourages, or counsels principal committing a crime w/ the intent to encourage commission

Question 25

Is mere presence at the crime enough to be an accomplice?

Answer 25

No - need to assist in some way

Question 26

When is an accomplice liable?

Answer 26

liable for the original crime and other foreseeable crimes committed by the principals in its furtherance

Question 27

What defenses can an accomplice raise to liability?

Answer 27

Withdrawal: D can withdraw effectively before crimes are committed or become unstoppable

How?
1. repudiate encourage and/or neutralize initial aid

Question 28

What is an accessory-after-the-fact?

Answer 28

different from accomplice liability; involves helping someone escape or avoid apprehension; gives rise to separate, lesser charge of obstruction of justice