Elements of a crime

Question 1

Actus reus - omission punishable when (2 circumstances and 4 sub-circumstances)

Answer 1

1. Failure to do something legally required
2. Law imposes a duty to act
   a. Special relationship
   b. Perilous situation created
   c. Statutes (state or federal)
   d. K law (e.g., nursing home)

Question 2

Mens rea under MPC - 4 types

Answer 2

1. Purposeful
2. Knowingly
3. Recklessly
4. Negligently

Question 3

Purposeful under MPC elements

Answer 3

1. Conscious object of
2. Conduct and
3. Results

Question 4

Purposeful under CL elements

Answer 4

1. Willfully cause result or
2. Virtually certain that
3. Object will result from D’s conduct

Question 5

MPC knowledge elements

Answer 5

1. Conscious awareness that

2. Results are practically certain

Question 6

MPC recklessness elements

Answer 6

1. Conscious disregard of
2. Substantial and
3. Unjustifiable risk

Question 7

CL recklessness elements

Answer 7

1. Heightened criminal negligence
2. Conscious disregard of
3. Substantial and
4. Unjustifiable risk

Question 8

MPC negligence elements

Answer 8

1. Should have been aware of
2. Substantial and
3. Unjustifiable risk

Question 9

CL negligence elements

Answer 9

1. Objective fault D
2. Should have been aware of
3. Conduct created
4. Unjustifiable risk that
5. Social harm would result