Elements of a Crime

Question 1

Elements of a Crime (4)

Answer 1

(1) Actus reus: physical act or unlawful omission by D; (2) Mens rea: state of mind or intent of D at time of his act; (3) Concurrence of actus reus and mens rea; (4) harmful result and causation (factual and proximate)

Question 2

Physical Act

Answer 2

Voluntary bodily movement or failure to act if you had a legal duty; thoughts are insufficient to constitute an act

Question 3

Legal Duty to Act

Answer 3

Statute (filing taxes); Contract (lifeguard); Relationship btw D and V (parent/kid, spouses); Voluntary assumption of care; Creation of peril by D
Still must have knowledge of the facts giving rise to the duty and be able to perform

Question 4

Specific Intent

Answer 4

Intentionally doing something with the intent to achieve a certain objective; voluntary intoxication and unreasonable mistake of fact negate specific intent

Question 5

Specific Intent Crimes (10)

Answer 5

(1) Solicitation; (2) Attempt; (3) Conspiracy; (4) 1d Premeditated Murder; (5) Assault; (6) Larceny/robbery; (7) Burglary; (8) Forgery; (9) False Pretenses; (10) Embezzlement

Question 6

Malice

Answer 6

Purposeful, knowing, or recklessness suffices here; not a defense to murder and arson

Question 7

General Intent

Answer 7

Awareness of all factors constituting the crime; attendant circumstances are highly likely to exist; doing the act creates inference of GI

Question 8

Strict Liability

Answer 8

No requirement of awareness, so defenses that negate a state of mind are not available; usually regulatory offenses and stat. rape

Question 9

MPC Analysis of Fault

Answer 9

Purposely, knowingly, recklessly, negligently

Question 10

Purposely

Answer 10

Intentionally; it was D’s conscious object to engage in certain conduct or cause a certain result (e.g., burglary)

Question 11

Knowingly

Answer 11

D is aware that his conduct is of that nature or that certain circumstances exist that will result in a certain way; aware of a high probability that they exist or deliberately avoids learning the truth (satisfies crimes requiring willfulness)

Question 12

Recklessly

Answer 12

D consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, which constitutes a gross deviation from the SOC of a reas. person (objective and subjective; wanton)

Question 13

Negligently

Answer 13

D fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, which constitutes a substantial deviation from the SOC of a reas. person (objective)

Question 14

Corporate Liability (CL + statutes + MPC)

Answer 14

CL: no liability; Statutes: VL if within scope of office or if performed by someone high in corporate hierarchy
MPC: Guilty if the offense (1) consists of the failure to discharge a specific duty imposed on the corporation by law; (2) is defined by a statute in which a legislative purpose to impose liability plainly appears, OR; (3) was authorized / recklessly tolerated by the BOD or high agent