Essential Elements

Question 1

What are the four essential elements of crimes?

Answer 1

1. Actus reus
2. Mens rea
3. Causation
4. Concurrence principle

Question 2

Actus reus (two ways to satisfy)

Answer 2

The act requirement: culpable acts can be either commissions (physical acts) or omissions (failures to act)

Question 3

Commissions

Answer 3

All bodily movements that are voluntary (product of the actor’s volition) can be the basis for criminal liability.

Question 4

Omissions (3 requirements)

Answer 4

A failure to act can be the basis for criminal liability only if there is:

1. a legal duty to act based on
   (a) statute
   (b) contract
   (c) status relationship
   (d) voluntary assumption of care
   (e) creation of peril
2. knowledge of facts giving rise to duty
3. ability to help

Question 5

What are the four common law mental states?

Answer 5

1. Specific intent
2. Malice
3. General intent
4. Strict liability

Question 6

Specific Intent

common law

Answer 6

Acting with a desire to do the act and achieve a specific result

Question 7

Malice

common law

Answer 7

Acting intentionally or with reckless disregard of an obvious known risk

Question 8

General Intent (plus jury note)
(common law)

Answer 8

Generally aware of factors constituting the crime; he need not intend a specific result
Note: Jury can usually infer general intent simply from the doing of the act.

Question 9

Strict Liability

same for common law and NY

Answer 9

Simply doing the act; no mental state needed

Question 10

What are the five NY mental states?

Answer 10

1. Intent (MPC: Purpose)
2. Knowledge
3. Recklessness
4. Negligence
5. Strict Liability

Question 11

Intent

NY

Answer 11

Defendant’s conscious desire to achieve a particular result

Question 12

Knowledge

NY

Answer 12

Defendant is aware of what he is doing. He is aware that it is practically certain that his conduct will cause that result

Question 13

Recklessness

NY

Answer 13

Defendant is aware of a substantial and unjustifiable risk and consciously disregards that risk

Question 14

Negligence

NY

Answer 14

Defendant should have been aware of a substantial and unjustifiable risk

Question 15

Causation (what are the two required types)

Answer 15

1. Actual (“but for”) causation

2. Proximate (“legal”) causation

Question 16

Actual (“But For”) Causation (plus exception)

Answer 16

A defendant is an actual cause if the bad result would not have happened but for the defendant’s conduct.
Exception: an accelerating cause is the actual cause

Question 17

Proximate (“Legal”) Causation (plus two applications)

Answer 17

A defendant is a proximate cause if the bad result is a natural and probable consequence of the defendant’s conduct.
Unforeseeable intervening cause: No
Eggshell victim: Yes

Question 18

Concurrence Principle (plus two applications)

Answer 18

The defendant must have the required mental state at the same time as he engages in the culpable act
Relevant for (1) larceny and (2) burglary