Elements of a Crime Flashcards
Elements of a Crime
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
Physical Act
D must have performed voluntary physical act or failed to act. (bodily movement)
Bodily movements that do not qualify for criminal liability includes:
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
An Omission as an act
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
Circumstances where you have a legal duty to act
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**
Good Samaratian law
Must be a duty to act. There is no general Good Samaritan law requiring people to help others in trobuel
Mental State: Specific Intent
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.
Specific INtent ADDITIONAL defenses
1) Voluntary intoxication
2) Unreasonable mistake of fact
Available ONLY for specific intent crimes
List of specific intent crimes
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”
Malice Crimes
1) Common law murder/second degree murder
2) Arson
Reckless disgregard of obvious or high risk that the particular harmful result will occur
General Itent - awareness of factors constituting crime
Catchall category. All other crimes except strict liability crimes.
Strict Liability Offenses
No means rea requirement. D guilty just for the physical act.
Any defense re: intent is irrelevant.
Strict liability exam tip
If admin, regulatory, or morality crime and no adverbs in statute like “knowingly, willinfully, or intentionally”: strict liability
Model Penal Code Analysis of Fault
MPC eliminates common law distcintions between general and specific intent. Replaces with categories:
1) Purposefuy,
2)knowingly,
3) recklessly
4) Negligence
Purposely, knowingly, recklessly standard
Subjective standard is used
Purposely
Conscious object to engage in cecrtain conduct or cause certain result
Knowingly
Aware conduct is of particular nature or certain circumstances exist
Recklessly
Consciously disgregard substantail and unjustifiable risk. This disregard constitutes a “gross deviation from the standard of care.”
Negligently
Objective standard
Fails to be aware of a substantial and unjustifable risk
Reckless vs negligent
Conscious vs unconsious
Subjective standards vs objective
Transfered Intent
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.
Transferred intent: Applicable crimes
Homocide
Battery
Arson
Concurrence of mental fault with physical act
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.
Causation
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.
