Elements of a Crime

Question 1

Elements of a Crime

Answer 1

A crime almost always requires proof of:
1) A physical act (actus reus)
2) A mental state (mens rea); and
3) a concurrence of the act and mental state

May also require proof of a result and causation

Question 2

Physical Act

Answer 2

D must have performed voluntary physical act or failed to act. (bodily movement)

Question 3

Bodily movements that do not qualify for criminal liability includes:

Answer 3

1) Conduct that is not the product of the person’s own volition
2) A refelexive or convulsive act
3) An act performed while unconscious or asleep

Question 4

An Omission as an act

Answer 4

Only liable if:
1) there is a legal duty to act
2) The D has knowledge of the facts giving rise to the duty to act; AND
3) it is reasonably possible to perform the duty

Question 5

Circumstances where you have a legal duty to act

Answer 5

1) Statute
2) Contract (ex. on duty nurses)
3) Relationship between the parties
4) Voluntary assumption of care for the victim** (rock example)
5) D created the peril for the victim**

Question 6

Good Samaratian law

Answer 6

Must be a duty to act. There is no general Good Samaritan law requiring people to help others in trobuel

Question 7

Mental State: Specific Intent

Answer 7

Cannot be conclusivley imputed from the mere doing of the act, but the MANNER in which the crime was committed may provide circumstantial evidence of intent.

Question 8

Specific INtent ADDITIONAL defenses

Answer 8

1) Voluntary intoxication
2) Unreasonable mistake of fact

Available ONLY for specific intent crimes

Question 9

List of specific intent crimes

Answer 9

1) Solicitation
2) Conspiracy
3) Attempt
4) FirstDegree premediatated murder
5) Assualt
6) Larceny
7) Embezzlement
8) False Pretenses
9) Robbery
10) Buglary
11) Forgery

“Students can always fake a laugh, even for ridiculous bar facts”

Question 10

Malice Crimes

Answer 10

1) Common law murder/second degree murder
2) Arson

Reckless disgregard of obvious or high risk that the particular harmful result will occur

Question 11

General Itent - awareness of factors constituting crime

Answer 11

Catchall category. All other crimes except strict liability crimes.

Question 12

Strict Liability Offenses

Answer 12

No means rea requirement. D guilty just for the physical act.

Any defense re: intent is irrelevant.

Question 13

Strict liability exam tip

Answer 13

If admin, regulatory, or morality crime and no adverbs in statute like “knowingly, willinfully, or intentionally”: strict liability

Question 14

Model Penal Code Analysis of Fault

Answer 14

MPC eliminates common law distcintions between general and specific intent. Replaces with categories:
1) Purposefuy,
2)knowingly,
3) recklessly
4) Negligence

Question 15

Purposely, knowingly, recklessly standard

Answer 15

Subjective standard is used

Question 16

Purposely

Answer 16

Conscious object to engage in cecrtain conduct or cause certain result

Question 17

Knowingly

Answer 17

Aware conduct is of particular nature or certain circumstances exist

Question 18

Recklessly

Answer 18

Consciously disgregard substantail and unjustifiable risk. This disregard constitutes a “gross deviation from the standard of care.”

Question 19

Negligently

Answer 19

Objective standard

Fails to be aware of a substantial and unjustifable risk

Question 20

Reckless vs negligent

Answer 20

Conscious vs unconsious

Subjective standards vs objective

Question 21

Transfered Intent

Answer 21

D can be liable under this doctrine when they intend the harm that is actually caused, but to a different victim or object.

Defenses and mitigating circumstances uasually also transferred.

Question 22

Transferred intent: Applicable crimes

Answer 22

Homocide
Battery
Arson

Question 23

Concurrence of mental fault with physical act

Answer 23

Must be in concurrence AT THE TIME they committed the act, and the intent must have prompted the act.

Example: D drives to Vs house to kill him. On the way, accidently runes over V. Not liable for FD murder.

Question 24

Causation

Answer 24

Some crimes (like homicide) require result and causation.

Defined by conduct AND specified result. Conduct must be cause in fact and the proximate cuase of hte specified result.