Elements of Crimes

Question 1

Actus Reus

Answer 1

A guilty act

Question 2

Actus Reus Elements

Answer 2

1) Voluntary act that causes unlawful result
2) omission to act where D has legal duty to act
3) vicarious liability where D is responsible for the acts of another party

Question 3

Actus Reus Criminal Liability for omission to act where:

Answer 3

1) There is legal duty to act

2) D can physically perform the act

Question 4

Legal Duty to act by (5):

Answer 4

1) Statute (Failure to file tax return)
2) Contract (failure of lifeguard)
3) based upon relationship (Parent of child, spouse)
4) Voluntary undertaking has begun (unreasonable abandonment of a rescue that could worsen victim’s plight)
5) someone creates a risk of peril to another

Question 5

Defenses for Voluntary Act (6)

Answer 5

1) reflexive
2) convulsive
3) performed while unconscious
4) otherwise involuntary
5) mere bad thoughts without action
6) habitual acts you are unaware of ARE considered conscious and voluntary (chain smoker lights cigarette in non-smoking area)

Question 6

Mens Rea

Answer 6

A guilty mind

Question 7

Mens Rea States of mind

Answer 7

1) Intentionally: Desires act to cause certain result or knows act is substantially certain to produce result
2) Knowingly: Knows the nature and/or result of conduct
3) Purposely: Conscious objective to engage in such conduct or to cause such a result
4) Willfully: encompasses intentionally and purposely as opposed to accidentally or negligently.
5) Recklessly: Consciously disregards a substantial and unjustifiable risk (gross deviation from the standard of conduct that a law-abiding person would observe)
6) Criminal Negligence: Conduct create a high degree of risk of death or serious injury beyond standard tort of negligence.

Question 8

Specific Intent

Answer 8

1) wants, hopes or wishes conduct to bring particular result, regardless of objective likelihood of occurring
2) Substantially certain that purposeful act will have particular result
(1st degree murder; theft crimes - larceny, robbery, extortion, embezzlement, false pretenses, receiving stolen property; burglary; but not arson - “Malice” crime; inchoate crimes - solicitation, conspiracy, and attempt; assault)

Question 9

General Intent

Answer 9

1) Merely requires commission of unlawful act without specific mens rea
2) Negligence or recklessness is sufficient
3) “Catch-all”
(Rape, battery, kidnapping, false imprisonment, involuntary manslaughter, and depraved-heart murder)

Question 10

Malice Intent

Answer 10

D acts intentionally or with reckless disregard of obvious known risk that the particular harmful result will occur.
(Murder and arson)

Question 11

Strict Liability

Answer 11

Culpability imposed for merely doing the act that is prohibited by statute

Question 12

Transferred Intent Doctrine

Answer 12

D intends criminal activity against one party, but instead harms another party, so that action bring about an unintended, yet still criminal result

Question 13

4 Classifications of crimes

Answer 13

1) Specific Intent
2) General Intent
3) Malice Crimes
4) Strict Liability Crimes

Question 14

Strict Liability Crimes (4 types)

Answer 14

1) Regulatory offenses - traffic violations, vehicle offenses, administrative statutes
2) Public welfare offenses - regulation of firearms, food, and drugs
3) Morality Crimes - Statutory rape and bigamy
4) Selling liquor to minors

Question 15

Malicious Crimes (2)

Answer 15

1) Arson

2) Common law Murder

Question 16

General Intent Crimes (6)

Answer 16

Battery, rape, kidnapping, Involuntary manslaughter, Depraved-Heart murder, False Imprisonment

Question 17

Specific Intent Crimes (13)

Answer 17

Attempt, Solicitation, Conspiracy, Larceny, Larceny by trick, False pretenses, Embezzlement, Forgery, Burglary, Assault, Robbery, Intent-to-kill murder, Voluntary manslaughter

Question 18

Concurrence of time

Answer 18

Necessary that D’s criminal intent occur at the time he commits the criminal act and mental state should also actuate or put into action the act or omission.

Question 19

Occurrence of result (Some crimes)

Answer 19

1) Causation between the defendant’s act and the required result must be evident
2) Must be both actual and proximate cause of the specified criminal result

Question 20

Actual Cause (Cause-in-fact)

Answer 20

Any of 3

1) criminal result would not have occurred without D’s act (“but for”)
2) when multiple causes or other parties responsible for criminal result, D is responsible if D’s act was substantial factor causing result
3) D’s conduct speeds up inevitable death

Question 21

Proximate Cause

Answer 21

1) Resultant harm must be within the risk created by D’s conduct in crimes involving negligence or recklessness
2) Eggshell - Take plaintiff as you find him

Question 22

Direct Cause

Answer 22

D’s actions alone cause harm

Question 23

Indirect Cause

Answer 23

1) Other force that combines with D’s act to bring about the harm - Intervening cause
2) to relieve D of liability/break chain of proximate cause, the other force must be a superseding intervening cause.

Question 24

Intervening cause v. superseding intervening cause

Answer 24

Depends on if the intervening force is dependent or independent of D’s act.

Question 25

Dependent Intervening cause

Answer 25

intervening force that is a result of or response to the defendant’s act
(Can supersede D’s act only when it is totally abnormal response to D’s act)

Question 26

Independent Intervening cause

Answer 26

Cause that would have occurred regardless of D’s act

Will normally supersede D’s act except when independent intervening force was foreseeable