Elements of a Crime

Question 1

essential elements of a crime

Answer 1

actus reus, mens rea, causation, concurrence b/w actus reus and mens rea.

Question 2

Actus reus requirement

Answer 2

can be by commission or omissions

i. Physical acts
1. can be any bodily movement provided that they are voluntary

2. Involuntary acts
   a. anything that is not the product f the actor’s act (e.g. being pushed)
   b. sleepwalking or otherwise unconscious conduct
   c. a reflex or convulsion
   ii. Omissions – a failure to act can also be the basis for criminal liability, provided 3 requirements are satisfied (all 3 needed)
3. Legal duty to act. 5 different ways
   a. by statute (ex. filing tax returns, professionals reporting child abuse)
   b. by contract (Ex. babysitted, doctor, lifeguard)
   c. by the status relationship between ∆ and victim.
   i. Most impt for bar: parent to child, spouse to spouse
   d. by voluntary assumption of care
   i. cant unreasonably abandon effort if you start rescuing
   ii. for ex if you stop others from volunteering to help beause you start to help, and then you quit halfway, he can be liable for excluding others from taking care
   e. by creation of peril
4. Knowledge of the facts giving rise to the duty
   a. Knowing with reasonable certainty an outcome will result
5. Ability to help

Question 3

Mens rea – 4 common law mental states

Answer 3

1. Highest level: specific intent.
   a. When crime requires not just to do act but also desire to achieve a specific result. definition is vague
   b. 11 specific intent crimes:
   i. crimes against person: assault, first degree premeditated murder. Property crimes: larceny, embezzlement, false pretenses, robbery, forgery, burglary.
   iii. inchoate: solicitation, conspiracy, attempt
   c. Defenses: only for specific intent
   i. voluntary intoxication
   ii. unreasonable mistake of fact
2. Mental state 2: malice
   a. when ∆ acts intentionally or with reckless disregard of an obvious or known risk
   b. crimes: murder and arson
3. Mental state 3: general intent
   a. the ∆ need only be generally aware of the factors constituting the crime, need not intend a specific result. tend to be against person
   b. crimes: battery, forcible rape, false imprisonment, kidnapping
4. Mental state 4: strict liability
   a. when the crime requires simply doing the act, no mens rea needed
   b. 2 types
   i. public welfare offenses. Regulatory offenses implicating health/safety
5. exs. transferring unregistered firearms, selling contaminated food, shipping adulterated drugs in interstate commerce
   ii. statutory rape

Question 4

5 MPC mental states

Answer 4

ignores common law mental states, instead has 5 mental states. defined as follow

1. Purpose: ∆ acts purposely when it his conscious desire to achieve a particular result. “what ∆ wants to do”
2. Knowledge: ∆ acts knowingly when he is aware what he is doing. ∆ is practically certain that conduct will cause result.
   a. knowingly = aware of a high probability that illegal circumstances exist and deliberately avoids learning the truth
   i. for ex. if someone gives you a package to take overseas and tells you “it’s better you do not know” = acting with knowledge.
3. Recklessness: ∆ is aware of substantial and unjustifiable risk and consciously disregards it
4. Negligence: ∆ should have been aware of substantial/ unjustifiable risk. Awareness of risk is not present
5. Strict liability: no mental state required.

Question 5

Causation - 2 types

Answer 5

actual/ but for and proximate/ legal

Question 6

Actual but for cause

Answer 6

1. A ∆ is an actual cause if the bad result would not have happend but for the ∆’s conduct.
2. Exception: an “accelerating” cause is an actual cause. for ex. shooting someone even though someone else stabbed him 5 mins earlier makes you an actual cause

Question 7

Proximate/ legal causation

Answer 7

1. ∆ is a proximate cause if result is a natural and probable consequence of ∆’s conduct.
2. Application:
   a. intervening causes: ∆ s NOT a proximate cause if an unforeseeable intervening event causes the bad result
   i. medical negligence is foreseeable.
   b. Eggshell victims: ∆ IS the proximate cause even if victim’s hypersensitivity contributed to bad result.

Question 8

Concurrence principle

Answer 8

i. The Rule: The ∆ must have the required mental state at the same time as he engages in the culpable act. Mens rea and actus rea must concur
ii. Application: Concurrece issues most common in larceny and burgluray