Criminal Law Principles

Question 1

Actus Reus

Answer 1

The act required to commit a given crime

A required component of every common law crime, along with mens rea

Question 2

Actus Reus - Requirement

Answer 2

Voluntary Physical Act

To satisfy the actus reus requirement, D must perform a voluntary physical act, i.e. a voluntary bodily movement

Question 3

Actus Reus - Omission as Actus Reus (3)

Answer 3

A failure to act can constitute actus reus if:

1) D had a specific legal duty to act;

2) D had knowledge of facts giving rise to the duty; and

3) It was reasonably possible for D to perform the duty

Question 4

Mens Rea - General

Answer 4

The mental element required at the time a crime was committed; a required element of common law crimes

Question 5

Mens Rea - Forms of MR (3)

Answer 5

1) Specific Intent
2) General
3) Malice

Question 6

Mens Rea - Specific Intent

Answer 6

D must have a specific intent or objective to commit the given crime

• SI must always be proven; never inferred
• Mistake of fact and voluntary intoxication are defenses

Question 7

Mens Rea - General Intent

Answer 7

D must be aware of his actions and any attendant circumstances

• may be inferred from the act itself
• Note: most crimes are general intent crimes

Question 8

Mens Rea - Malice

Answer 8

D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected

Question 9

Mens Rea - Strict Liability

Answer 9

No intent or awareness required for strict liability crimes (i.e. no men’s rea requirement)

Question 10

Mens Rea - Vicarious Liability

Answer 10

Person without fault is held liable for another’s criminal conduct

Question 11

MPC Mens Rea Standards - 4 Classifications

Answer 11

1. Puposefuly (Subjective)
2. Knowingly (subjective)
3. Recklessly (Subjective)
4. Negligence (Objective)

Question 12

MPC Mens Rea Standards - Purposely

Answer 12

A person acts purposefully when his conscious objective is to engage in certain conduct or cause a certain result

Question 13

MPC Mens Rea Standards - Knowingly

Answer 13

A person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result

Question 14

MPC Mens Rea Standards - Recklessly

Answer 14

A person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregards it

Question 15

MPC Mens Rea Standards - Negligence

Answer 15

A person acts negligently when he fails to become aware of a substantial and unjustifiable risk

Question 16

General Intent Crimes (4)

Answer 16

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

Question 17

Specific Intent Crimes (11)

Answer 17

1. Attempt
2. Larceny
3. Robbery
4. Forgery
5. False Pretenses
6. Embezzlement
7. Conspiracy
8. Assault
9. Burglary
10. First Degree Murder
11. Solicitation

Question 18

Malice Crimes (2)

Answer 18

1. Common Law Murder
2. Arson

Question 19

Strict Liability Crimes

Answer 19

1. Statutory Rape
2. Regulatory Crimes
3. Administrative Crimes
4. Morality Crimes

Question 20

Concurrence Requirement

Answer 20

D’s criminal act and the requisite intent (i.e. mens rea) for the crime must occur simultaneously

• e.g. D plans on murdering victim at her home – D is not guilty of murder if he accidentally runs over victim with his car before reaching her house

Question 21

Causation Requirement - General

Answer 21

D’s conduct must be both the cause-in0fact and the proximate cause of the crime committed

Question 22

Causation Requirement - Cause-in-Fact

Answer 22

But for D’s conduct, the result would not have occurred

Question 23

Causation Requirement - Cause in Fact (Homicide and Manslaughter)

Answer 23

Any act by D that hastens victim’s death is a cause-in-fact, even if death is already inevitable

Question 24

Causation Requirement - Proximate Cause

Answer 24

The actual result is the natural and probable consequence of D’s conduct, even if it did not occur exactly as expected

• Superseding factors: must break the chain of causation
• Intervening acts: must be entirely unforeseeable to shield D from liability (e.g. victim’s refusal of medical treatment, 3rd party medical negligence - both ar foreseeable and D is liable)

Question 25

Transferred Intent Doctrine

Answer 25

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

Question 26

Transferred Intent Doctrine - Effect

Answer 26

Under transferred intent, D is usually charged with 2 crimes:

1) attempt; and
2) the actual resulting crime

-e.g., D intends to shoot A, but kills B; D can be charged with the attempted murder of A and the actual murder of B

Note: Merger does not apply b/c there are different victims

Question 27

Merger - Definition

Answer 27

Under the merger doctrine, two or more offenses merge, prohibiting D from being prosecuted separately for each crime

Question 28

Merger - Inchoate Offenses

Answer 28

Only applies to solicitation and attempt

Merger prevents D from being convicted of both solicitation/attempt and the target offense

Does NOT apply to conspiracy

Question 29

Merger - Lesser Included Offenses

Answer 29

D cannot be convicted of a target crime and a lesser included offense

• Lesser included offense = consists of same but not all elements as the greater crime

Question 30

Accomplice Liability - Requirements (2)

Answer 30

To be liable as an accomplice, one must:

1) Aid, counsel, or encourage principal before or during the crime

2) with the intent a) to assist the principal and b) that the principal commit the crime

Question 31

Accomplice Liability - Scope of Liability

Answer 31

Accomplice is liable for the crimes he committed or counseled and any other probable or foreseeable crimes committed

Question 32

Accomplice Liability - Defenses and Exceptions (Withdrawl Requirements - 3)

Answer 32

Accomplice can avoid liability by withdrawing from a crime before the principal commits it; accomplice must:

1) Repudiare prior aid or encouragement

2) Do all that is possible to counteract the prior aid; and

3) Do so before the chain of events is in motion and unstoppable

Question 33

Accomplice Liability - Member of a Protected Class

Answer 33

Those protected by a criminal statute are not liable as accomplices (e.g. minor-victims in statutory rape cases are not liable as accomplices to statutory rape)

Question 34

Accomplice Liability - Parties not Provided for in the Statute

Answer 34

e.g. a purchaser of drugs cannot be an accomplice to the seller

Question 35

Accomplice Liability - Accessory After the Facts

Answer 35

Involves helping a known felon escape arrest, trial, or conviction

Gives rise to. a separate lesser charge of obstruction