Elements of a Crime

Question 1

Actus Reus: The act must be….

Answer 1

Voluntary; OR

Non-action when defendant had a legal duty to act under circumstances

Question 2

Define: Voluntary Act

Answer 2

Conscious exercise of will

Question 3

Define: Legal Duties to Act

Answer 3

Statute
Contract
Special Relationship
Voluntary Assumption of Care

*Note: must be reasonably possible to perform legal duty (burning house example), and must have knowledge of facts that give rise to duty (drowning child)

Question 4

Mens Rea: Common Law?

Answer 4

General Intent: Awareness of all factors constituting the crime

Specific Intent: Engaging in the criminal act with a specific intent/objective (robbery = intent to deprive of personal property)

Question 5

Mens Rea: MPC?

Answer 5

Purposely: D has conscious desire for result to happen

Knowingly: D must be practically certain result will happen

Recklessly: D aware of substantial and unjustifiable risk, and disregard of that risk reflects a disregard from standard of care a reasonable person would exercise in situation

Negligently: D not aware of risk, but a reasonable person would have been, and their actions were a deviation from reasonable person standard

*Note: If statute doesn’t list Mens Rea Requirement; Recklessly and higher suffices

Question 6

Mens Rea Defenses: Mistake of Fact

Answer 6

General Rule: If as a result of mistake the mens rea is negated there can be a defense

Common Law:
General Intent- Only reasonable mistake is a defense
Specific Intent-Reasonable or unreasonable OK

MPC: If mistake is below the Mens Rea Requirement, it’s a defense

Question 7

Mens Rea Defenses: Mistake of Law

Answer 7

Generally not a defense.

Exceptions:

1. Reasonable reliance on invalid statute
2. Reasonable reliance on court decision
3. Reasonable reliance on a public official responsible for interpreting the statute
4. Reliance on legal advice: VERY RARELY Applicable

Question 8

Mens Rea Defenses: Voluntary Intoxication

Answer 8

Common Law:
General Intent- No Defense
Specific Intent- Defense

MPC:

• Can negate a mens rea of purposely or knowledge
• Cannot negate mens rea for negligence or recklessness if a sober person would have been aware of the risk (drunk driving: not murder [purpose/knowing]…but can be manslaughter [recklessness])

Question 9

Mens Rea Defenses: Involuntary Intoxication

Answer 9

If as a result of involuntary intoxication, there was no mens rea, there is a valid defense