Elements of a crime

Question 1

list (4)

A crime requires proof of

Answer 1

1. physical act (actus reus)
2. mental state and (mens rea)
3. concurrence of physical act + mental state
4. some crimes require proof that the act caused a harmful result

Question 2

list (2)

A physical act must be

Answer 2

1. VOLUNTARY or
2. the failure to act where there is a PELD

Question 3

list (5); RACKS

A legal duty to act can arise from

Answer 3

1. R - Relationship btwn parties
2. A - (Voluntary) assumption of care
3. C - D creates peril for victim
4. K - Contract
5. S -Statute

Question 4

What are the specific intent crimes

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Answer 4

1. Solicitation
2. Conspiracy
3. Attempt
4. First degree premeditated murder
5. Assault
6. Larceny
7. Embezzlement
8. False pretenses
9. Robbery
10. Burglary
11. Forgery

Question 5

what are the malice crimes

Answer 5

CL murder and arson

Question 6

What mental state is required for malice crimes

Answer 6

the intent required is a:

reckless indifference of an obvious risk or high risk that particular harmful result will occur from their action

Question 7

what is mental state for general intent

Answer 7

D knows they are acting in a certain way and know of any factors which contribute to their crime

ie D knows they are FI someone and know that by not letting them go

Question 8

How can a D be found guilty for SL offenses

Answer 8

by mere fact that they committed the crime

NOTE: do not need awareness of all factors constituting the crime like you do in general intent

Question 9

BRFiK

What are the general intent crimes

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Answer 9

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

Question 10

What are the SL crimes

Answer 10

1. selling liquor to minors,
2. statutory rape
3. bigamy - in some jx

Question 11

A person acts purposely when

Answer 11

their conscious objective is to engage in certain conduct

Question 12

A person acts knowingly when

Answer 12

they know their conduct is of particular nature or will cause a particular result

Question 13

A person acts recklessly when

Answer 13

when they consciously disregard a substantial and unjustifiable risk and the disregard is a gross deviation from the standard of care

Question 14

A person acts negligently when

Answer 14

they fail to be aware of a substantial and unjustifiable risk

Question 15

reckless vs.negligence

Answer 15

reckless - conscious disregard

negligence - fail to be aware

Question 16

what standard for purposely

Answer 16

subjective

Question 17

what standard for knowingly

Answer 17

subjective

Question 18

what standard for recklessly

Answer 18

subjective and objective

Question 19

what standard for negligently

Answer 19

objective

Question 20

D is liable under transferred intent when

Answer 20

they intend the harm that is actually caused but the harm happens to a different victim or object

Question 21

BAH

doctrine of transferred intent applies to

Answer 21

1. battery
2. arson
3. homicide

Question 22

doctrine of transferred intent does not apply to

Answer 22

attempt