Elements to a crime

Question 1

when does a state acquire jurisdiction over a crime?

Answer 1

when either the

1) conduct occurred in the state or
2) the result occurred in the state
(ex: guy in iowa shots guy in IL, both have juris b/c conduct occurred in iowa and result in IL)

Question 2

What is general rule for merger

Answer 2

Generally, there is no merger of crimes in American Law

Question 3

what are the 2 e/x for mergers

Answer 3

1) solicitation and

2) attempt do merge into substantive offenses if they are carried out

Question 4

can you be convicted with both attempt and the actual underlying charge?

Answer 4

NO if the crime has been completed the doctrine of merger applies and can only be convicted of underlying crime

Question 5

does conspiracy merge into the substantive offense?

Answer 5

NO. Conspiracy is the only inchoent crime that does not merge into substantive law. Thus can be convicted of both conspiring to do something and doing it.

Question 6

what are the esential element to a crime

Answer 6

1) an act (actus reus)

2) mental state (mens rea)

Question 7

what must the act be to be convicted of a crime?

Answer 7

must be voluntary act

Question 8

when is an act not voluntary?

Answer 8

conduct which is no the product of own volition

1) a reflex or conclusive act
2) an act performed while UNCONSCIOUS or SLEEPING

Question 9

ex: of involuntary acts

Answer 9

1) sleep walking
2) unconscious
3) reflex
4) seizure

Question 10

what is the general rule for an omission as an act?

Answer 10

generally there is NO LEGAL duty to rescue, but sometimes there is a legal duty to act.

Question 11

when are legal duties to act arise for an omission as an act (5)

Answer 11

1) by statute
2) by contract
3) b/c of relationship b/w parties
4) b/c you voluntarily assume a duty of care and FAIL TO ADEQUATELY PERFORM IT
5) where your conduct created the peril

Question 12

what are the 4 mental states at CL

Answer 12

1) specific intent crimes
2) malice crimes
3) general intent crimes
4) strict liability crimes

Question 13

what is the acyrnom for specific intent crimes (SCAFALEFRBF)

Answer 13

Students Can Always Force A Laugh Even For Ridiculous Bar Facts

Question 14

what are the specific intent crimes

Answer 14

1) solicitation: intent to have person solicited commit the crime
2) conspiracy: intent to have crime completed
3) Attempt: intent to complete crime
4) First degree murder: premeditated intent to kill
5) Assault: intent to commit a battery
6) Larceny: intent to permanently deprive the other of property
7) Embezzlement: intent to defraud
8) False pretenses: intent to defraud
9) Robbery: intent to commit robbery
10) Burglary: intent to commit a felony in the dwelling
11) Forgery: intent to defraud

Question 15

what are the 3 inchoate offenses?

Answer 15

1) solicitation
2) conspiracy
3) attempt

Question 16

what are the 2 malice crimes in CL

Answer 16

1) arson and

2) murder (2nd degree)

Question 17

what is the test for malice crimes?

Answer 17

reckless disregard

Question 18

General intent crimes

Answer 18

catch all. all others are general intent crimes unless they qualify for strict liability

Question 19

what is strict liability crimes

Answer 19

NO INTENT CRIMES

Question 20

what is the imporatnce of strict liability crimes?

Answer 20

defeats the defense of intention, cannot be raised as a defense in no intent crimes

Question 21

how to determine if it is strict liability crimes?

Answer 21

if the crime is either 
1) administrative 
2) regulatory or 
3) morality area AND 
do not see 
(a) knowingly
(b) willfully or 
(c) intentionally then statute is meant to be a NO INTENT crime and strict liability applies

Question 22

Do you apply CL or MPC for mental states?

Answer 22

always CL unless said otherwise

Question 23

what are the mental states in MPC (4)

Answer 23

1) purposefully
2) knowingly:
3) recklessly:
4) negligently:

Question 24

what is the purposefully test for Mental state in MPC

Answer 24

when CONSCIOUS OBJECTIVE to engage in certain behavior or cause a certain result

Question 25

what is the knowingly rest for mental state in MPC

Answer 25

aware that conduct will very likely cause the result

Question 26

what is the reckless test for mental state in MPC

Answer 26

CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk

Question 27

what is the negligent test for mental state in MPC

Answer 27

fails to be aware of a SUBSTANTIAL and UNJUSTIFIABLE risk

Question 28

what to think of when see 2 victims?

Answer 28

transferred intent.

Question 29

what type of crimes are ATTEMPT crimes

Answer 29

SPECIFIC INTENT must have underlying intent to commit the crime

Question 30

layout for criminal law

Answer 30

1) Specific Intent crimes: SCAFALEFRBF
2) Malice: intent/ recklessness
3) General intent crimes

Question 31

Attempt what 2 things need to be met

Answer 31

1) specific intent to commit underlying crime PLUS

2) substantial step

Question 32

2 defenses for specific intent crimes

Answer 32

1) voluntary intoxication

2) ANY mistake of fact (even if unreasonable)

Question 33

elements of crime hierachy

Answer 33

1) actus reus
2) mens rea
3) conccurence of 1 and 2
4) casual connection
5) harm j
- NEGATING AN ELEMENT OF CRIME is better than an affirmative defense