Elements of a Crime

Question 1

mens rea

Answer 1

“Guilty Mind”

The state of mind the prosecution must prove the defendant had when committing a crime: criminal intent or recklessness.

Question 2

actus reus

Answer 2

“guilty act”
a forbidden act;
the wrongful deed that comprises the physical compponents of a crime and that generally must be coupled with mens rea to result in criminal liability.

Question 3

The Purposes of Punishment

Answer 3

• Retribution
• Deterrence (General & Specific)
• Restraint (Protection of the Public)
• Rehabilitation

Question 4

MPC: Voluntary Act

Answer 4

1) Not Guilty, Unless – Conduct that includes a Voluntary act or omission to perform an act which he is physically capable.

Question 5

NECESSITY (Illinois):

Answer 5

• Conduct that is justified by reason of necessity
  Elements:
  1) Defendant is without blame in occasioning or developing the situation
  AND
  2) reasonably believed such conduct was necessary to avoid Public or Private injury
  3) Injury avoided must be greater than injury that might reasonably result.

Question 6

Necessity (Common Law)

Answer 6

A necessity defense at common law is based on “a balance of evils.”

Question 7

Voluntary Act

Answer 7

• Any conscious decision (volitional act), or

- Failure to act (when a duty is imposed)

Question 8

MPC (Involuntary Acts)

Answer 8

a. Reflexes or convulsions
b. Bodily movements during unconscious sleep.
c. Conduct during hypnosis or resulting from hypnotic suggestion.
d. Bodily movement that otherwise is not a product of the effort or determination of the actor either conscious or habitual.

An involuntary movement should not be punished because it cannot be deterred.

A court may interpret the “catch all” term under MPC 2.01(d) consistent with its own policy-based views.

Question 9

MODEL PENAL CODE

2.01 (Omission as basis of liability)

Answer 9

3) Liability for the commission of an offense may not be based on omission unaccompanied by action unless:
a. The omission is expressly made sufficient by the law defining the offense; or
b. A duty to perform the omitted act is otherwise imposed by law.

Question 10

The Four Legal Duties of Care

Answer 10

1) A statute imposes a duty of care.
2) One stands in a certain status relationship to another.
3) One has assumed a contractual duty to care.
4) One has voluntarily assumed care and secluded the person as to prevent others from giving aid

Question 11

Mens Rea (culpable mental states)

Answer 11

1) Intentionally (purposely)
2) Knowingly
3) Recklessly
4) Negligently