Elements of Crimes

Question 1

What is Actus Reas

Answer 1

Actus reas is the guilty act committed by D and may be either
1. Voluntary, conscious act that causes an unlawful result
2. D fails to act when they have the duty and ability to act

Question 2

What is required for an act to be voluntary

Answer 2

Legal act requires act plus volition
-does not incude reflexes or sleepwalking

Question 3

What is D required to act?

Answer 3

1. statutory duties (law enforcement)
2. legal duty arising by contract
3. relationship status (spouses, parents)
4. voluntary act or undertaking to rescue
5. failing to help after creating the risk

Question 4

What is mens rea

Answer 4

Mens rea is the guilty mind of the D

Question 5

What are mens rea categories

Answer 5

1. purpose
2. knowledge
3. intent
4. willful
5. recklessness:
6. criminal negligence:

Question 6

Criminal Negligence

Answer 6

D creates an unjustifiable risk without the subjective awareness that they are doing so, but a reasonable person would have been aware
-a reasonable person in that situation would have been aware that the D was creating a substantial risk

Question 7

Purpose

Answer 7

D has conscious objective to bring about result

Question 8

Knowledge

Answer 8

D knows with almost absolute certainty that the act will produce the result

Question 9

Intent

Answer 9

D acts intentionally with purpose or knowledge

Question 10

Willful

Answer 10

D acts purposefully or knowingly with moral turpitude

Question 11

Recklessness

Answer 11

D is aware that conduct creates risk that’s unjustifiable but ignores the risk and engages in conduct anyway

Question 12

Specific Intent

Answer 12

Requires proof that D intended to create a specifically prohibited harm

Question 13

What nullifies specific Intent

Answer 13

1. honest but unreasonable mistake of fact
2. voluntary intoxication

Question 14

What is mens rea required for specific intent crimes

Answer 14

Purpose or knowing, intent

Question 15

General Intent

Answer 15

Requires only that D desire to do the proscribed act

Question 16

What is mens rea required for general intent crimes

Answer 16

Recklessness and negligence

Question 17

What nullifies general intent

Answer 17

1. honest and reasonable mistake of fact

Question 18

Express Malice

Answer 18

D intended to kill another human being

Question 19

How to prove intent to kill

Answer 19

To prove intent to kill, D must have acted with:
1. purpose to kill
2. knowledge that their conduct would kill
3. intent to inflict grievous bodily harm without the intent to kill

Question 20

Implied Malice

Answer 20

D caused the death as a result of extreme recklessness or criminally negligent conduct that manifested a wanton disregard for human life

Question 21

Strict Liability crimes

Answer 21

1. No mens rea element
2. act plus result equals guilt

Question 22

Transferred Intent

Answer 22

D intended to produce the criminal result against one victim, but harmed another.

Question 23

Concurrence

Answer 23

Mental state must actuate the conduct that produces a criminal result

Question 24

Tests for Actual Cuase

Answer 24

1. But for: the result would not have occurred but for the D’s conduct
2. Substantial factor: multiple causes or parties were responsible but D’s act was a substantial factor in causing the criminal result
3. Acceleration: D’s conduct speeds up an inevitable death, even if only by a short amount

Question 25

What is proximate cause requirement

Answer 25

Resultant harm of act must be within the risk created by D’s conduct in crimes involving negligence or recklessness, or that is sufficiently similar to the harm intended in intent-crimes

Question 26

Foreseeable intervening events

Answer 26

Will not supersede D’s conduct and D will still be liable

Question 27

What is standard of foreseeability

Answer 27

Event is dependent or responsive to defendant’s initial cause

Question 28

Unforeseeable intervening events

Answer 28

Event generally supersede’s D’s criminal conduct and D will generally be relieved of liability and the causal connection will be broken regarding criminal result

Question 29

What does unforeseeability require

Answer 29

1. grossly negligent or reckless conduct that accelerates a death set in motion by the D
2. Independent intervening cause or mere coincidence