Elements of the Crime- Elements

Question 1

Four elements of a crime?

Answer 1

1. Actus Reus
2. Mens Rea
3. Concurrence
4. Causation

Question 2

What is Actus Reus?

Answer 2

A voluntary physical act or failure to act when there is a legal duty
* Voluntary = Commission
* Failure to Act = Ommission

Question 3

What is the general rule concerning the Actus Reus element of a crime?

Answer 3

A person is not guilty unless they committed the act voluntarily
Voluntary means the bodily movement was part of the actor’s own volition

Question 4

What are examples of an actor moving involuntarily?

Answer 4

• Act not the product of the actor’s will
• Reflex or Convulsion (e.g., seizures)
• Bodily movement during unconsciousness or sleep

Question 5

When are you criminally liable for failing to act voluntarily (omission)?
Give examples of omissions

Answer 5

Omission is where you have a duty and can be criminally liable for not acting

Question 6

What is the mens rea element?

Answer 6

The guilty mind is necessary to be held criminally liable

Question 7

What is specific intent?

Answer 7

The intent to perform or cause the actus reus AND the specific intent to cause some further objective or goal

Question 8

What are the Specific Intent crimes?

Answer 8

Crimes Against Persons
First Degree Murder
Assault= (Attempted Battery)
Crimes Against Property
Forgery
Inchoate
Burglary
Embezzlement
Robbery
Pretenses (False)
Larceny

FA-FIBER PLease

Question 9

What are the Inchoate Crimes

Answer 9

Solicitation
Attempt
Conspiracy

SAC

Question 10

What is General Intent?

Answer 10

Intent to perform or cause the act that constitutes the actus reus

Jury can infer the intent from the fact the defendant committed the act

Distinguish from specific intent where you must intend to cause the act that makes up the actus reus AND the intent to cause a further goal

Question 11

What are the General intent crimes?

Answer 11

Assault (apprehension)

Battery
Rape
Imprisonment (False)
Kidnapping

Manslaughter

A BRIK slaughters

Question 12

What is Malice and what are crimes requiring this level of intent

Answer 12

Intentional or Reckless disregard of obvious or known risk
Murder (Common law murder)
Arson

MA

Question 13

What is strict liability?

Answer 13

No intent is required. If you do the act you’re guilty

If the statute doesn’t contain adverbs it’s strict (knowingly, willingly, intentionally, maliciously, etc.

Question 14

What is vicarious liability?

Answer 14

Type of strict liability that may be imposed on one person for the act of another

Question 15

What is transferred intent?

Answer 15

Defendant intends to harm one person but harms another the intent is transferred.

Defendant can still be prosecuted separately for intent to harm the victim. That means they can catch the charge for the crime that transferred and an attempt charge for the one they intended to harm

Question 16

Model Penal Code 4 mental states?

Answer 16

1. Purposely- (Specific)
2. Knowingly (General)
3. Recklessly
4. Negligently

Question 17

What is concurrence?

Answer 17

The actus reus and mens rea must occur at the same time

Question 18

What is Actual Cause?

Answer 18

Would the harm have occured “but for” the defendant’s act

Common law “year and a day rule”f

Question 19

What is Proximate Cause?

Answer 19

Limits liability to consequences that bear some reasonable relationship to the actor’s conduct so as to not offend notions of common sense
The general rule is the defendant is guilty for all the natural and probable consequencesof his act or omission

Question 20

What is “dependent intervening cause”?

Answer 20

Dependent intervening cause is a subsequent act that doesn’t break the chain of causation from the defendants wrongful conduct and the result of the crime (e.g., if a vicitm is killed from a fall while trying to escape the defendant the defendant is still guilty)

An intervening cause breaks the chain of causation if it is “so out of the ordinary” that it is no longer fair to hold the defendant liable. It must be so “abnormal or bizarre”

Question 21

Defenses: Specific intent crimes

Answer 21

Diminished capacity- any intoxication, trauma, or disease
Mistake of fact is a defense to specific intent crimes

Question 22

Defenses: General intent crimes & Malice Crimes

Answer 22

Reasonable Mistake of fact
Unreasonable mistake of fact & Voluntary Intoxication is no defense

Question 23

Defenses: Strict liability crimes

Answer 23

Insanity
Involuntary intoxication
Duress

You can’t make any mistakes with strict liability lmao. It’s not a defense

Question 24

What is Merger?

Answer 24

Where two offenses with the same elements (greater and lesser included offenses) must be charged for one offense.