Essential Elements of a Crime

Question 1

A crime almost always requires proof of: (3r + 1o)

Answer 1

(1) a physical act (actus reus)
(2) a mental state (mens rea), AND
(3) a concurrence of the act and mental state

A crime MAY require proof of a result and causation.

Question 2

To satisfy the physical act requirement, a defendant must have either: (2)

Answer 2

(1) performed a voluntary physical act, or

(2) failed to act under circumstances imposing a duty to act.

Question 3

An act is a _______.

Examples of _______ that do not qualify for criminal liability include: (3)

Answer 3

(1) Conduct that is not the product of the person’s own volition
(2) A reflexive or convulsive act
(3) An act performed while unconscious or asleep

Question 4

The failure to act gives rise to liability only if: (4)

Answer 4

(1) There is a legal duty to act,
(2) The defendant has knowledge of the facts giving rise to the duty to act; AND
(3) It is reasonably possible to perform the duty

Question 5

A legal duty to act can arise from one of 5 circumstances:

Answer 5

(1) By statute (e.g., the requirement to file a tax return)
(2) By contract (e.g., a lifeguard or nurse has a legal duty to act)
(3) The relationship between the parties (e.g., a parent/spouse has a duty to protect a child/spouse from harm)
(4) The voluntary assumption of care by the defendant for the victim**
(5) The defendant created the peril for the victim**

Question 6

What is a specific intent crime at common law? What is the importance of specific intent crimes?

Answer 6

A crime that requires not only an act, but also a specific intent or objective for committing the act.

Specific intent crimes qualify for additional defenses not available for other types of crimes.

Question 7

How is specific intent determined?

Answer 7

The existence of a specific intent cannot be conclusively imputed from the mere doing of an act, but the manner in which the crime was committed may provide circumstantial evidence of intent.

Question 8

What are the 11 (yes, 11) specific intent crimes and the intents they require?

(Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts)

Answer 8

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

Question 9

What defenses are available to specific intent crimes that are unavailable to other types of crime?

Answer 9

(1) Voluntary intoxication

(2) Unreasonable mistake of fact

Question 10

What are the 2 malice crimes? What mental state is necessary?

Answer 10

(1) Common law murder (i.e., 2nd degree murder)
(2) Arson

Mental state: reckless disregard of an obvious or high risk that a particular harmful result will occur.

Question 11

Do special defenses for specific intent crimes apply to malice crimes?

Answer 11

No

Question 12

What are general intent crimes at common law? What does general intent mean?

Answer 12

All non-specific and -malice crimes fall under general intent.

General intent means the defendant has an awareness of all factors constituting the crime (i.e., the defendant must be aware that they are acting in the proscribed way and that any required attendant circumstances exist).

Question 13

What is a strict liability or public welfare offense (and common types)? What is the importance of strict liability offenses?

Answer 13

A strict liability or public welfare offense is one that does not require awareness of all the factors constituting a crime. In other words, the defendant can be found guilty from the mere fact that they committed the act.

Common strict liability crimes: selling liquor to minors, statutory rape

The importance is that defenses that negate state of mind (e.g., mistake of fact) are not available.

Question 14

If the crime is in the administrative, regulatory, or morality area and there are no adverbs in the statute such as “knowingly,” “willfully,” or “intentionally,” then the statute is a _______.

Answer 14

strict liability crime

Question 15

Under the MPC, what are the 2 categories of intent? What standard is used to determine them?

Answer 15

(1) Purposely, knowingly, or recklessly (subjective standard)
(2) Negligence (objective standard)

Question 16

Under the MPC, a person acts purposely when:

Answer 16

their conscious object is to engage in certain conduct or cause a certain result

Question 17

Under the MPC, a person acts knowingly with respect to the nature of their conduct when:

Answer 17

they are aware that their conduct is of a particular nature or that certain circumstances exist

The person is deemed to be aware of these circumstances when they are aware of a high probability that they exist and deliberately avoid learning the truth.

Question 18

Under the MPC, a person acts knowingly with respect to the result of their conduct when:

Answer 18

they know that their conduct will necessarily or very likely cause a particular result

Question 19

Under the MPC, a person acts recklessly when:

Answer 19

they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, AND

this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in that situation.

Question 20

Under the MPC, a person acts negligently when:

Answer 20

they fail to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation from the standard of care.

NOTE: It is not just the reasonable person standard from torts. The defendant must have taken a very unreasonable risk.

Question 21

The defendant can be liable under the doctrine of transferred intent when:

Answer 21

they intend the harm that is actually caused, but to a different victim or object

Defenses and mitigating circumstances may also usually be transferred.

Question 22

The doctrine of transferred intent applies to: (3)

It does not apply to: (1)

Answer 22

Applies to:
(1) homicide

(2) battery
(3) arson

Does not apply to:
(1) attempt

Question 23

When must the defendant have the requisite mental state (intent) necessary for the crime?

Answer 23

At the time they committed the act constituting the crime. The intent must have prompted the act.

Question 24

Explain causation in the context of criminal law.

Answer 24

Some crimes (e.g., homicide) require a result and causation. Thus, when a crime is defined to require not only conduct but also a specified result (e.g., death), the defendant’s conduct must be both the cause-in-fact and the proximate cause of the specified result.