criminal law principles

Question 1

actus reus

Answer 1

the act required to commit a given crime; D must perform a voluntary physical act

Question 2

omission as actus reus

Answer 2

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 3

mens rea

Answer 3

mental element required at the time a crime was committed

Question 4

forms of mens rea

Answer 4

1) specific intent
2) general intent
3) malice

Question 5

purposely

Answer 5

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

Question 6

knowingly

Answer 6

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 7

recklessly

Answer 7

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

Question 8

negligence

Answer 8

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

Question 9

general intent crimes

Answer 9

1) battery
2) rape
3) kidnapping
4) false imprisonment

Question 10

specific intent crimes

Answer 10

1) attempt
2) larceny and robbery
3) forgery
4) false pretenses
5) embezzlement
6) conspiracy
7) assault
8) burglary
9) first degree murder
10) solicitation

Question 11

malice crimes

Answer 11

1) common law murder
2) arson

Question 12

strict liability crimes

Answer 12

1) statutory rape
2) regulatory crimes
3) administrative crimes
4) morality crimes

Question 13

concurrence requirement

Answer 13

D’s criminal act and the requisite intent for the crime must occur simultaneously

Question 14

causation requirement

Answer 14

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

Question 15

cause-in-fact

Answer 15

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

Question 16

proximate cause

Answer 16

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

Question 17

transferred intent doctrine

Answer 17

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

Question 18

effect of transferred intent doctrine

Answer 18

D is usually charged with two crimes:
1) attempt
2) actual resulting crime

Question 19

requirements of accomplice liability

Answer 19

to be liable as an accomplice, one must
1) aid, counsel, or encourage principal before or during the crime
2) with the intent to assist the principal; and that the principal commit the crime

Question 20

accomplice withdrawal

Answer 20

accomplice can avoid liability if they
1) repudiate 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 21

accessory after the fact

Answer 21

helping a known felon escape arrest, trial, or conviction; gives rise to separate, lesser charge of obstruction of justice