Essential Elements Of A Crime Flashcards
What are the main elements of a crime?
Actus reus, mens rea and concurrence of the act and the mental state
How do you define a physical act?
Defendant must have performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act. An act is a bodily movement.
What does not constitute as a physical act?
1) Conduct that is not a product of the person’s own volition
2) Reflexive and convulsive act
3) Act performed while unconscious or asleep
The failure to act gives rise to liability only if_________
There is a legal duty to act. The defendant has knowledge of the facts that give rise to such legal duty. It is reasonably possible to perform the duty.
Name the five circumstances out of which a legal duty may arise
By statute; by contract; by the relationship between the parties; the voluntary assumption of care; the defendant created the peril for the victims.
What is required to prove actus rea in the possession of a contraband?
Actual or constructive control. Need to prove dominion/ control no other physical act.
Complete the sentence:
The existence of a specific intent cannot be conclusively imputed from the mere doing of the act but______________.
but the manner in which the crime was committed may provide circumstantial evidence of intent.
Name the 11 specific intent crimes.
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts.
Solicitation
Conspiracy
Attempt
Forgery
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
First Degree Premeditated Murder
Name common crimes which are not specific intent crimes?
Battery, Rape, Kidnapping, False Imprisonment
What are the two malice crimes?
Murder and Arson
Name some strict liability crimes?
Statutory rape; selling liquor to minors and bigamy (in some jurisdictions)
What are the two additional defenses not available for other types of crimes?
Voluntary intoxication and unreasonable mistake of fact
What is the requirement of intent for malice crimes?
Reckless disregard of an obvious or high risk that the particular harmful result will occur.
What is the requirement of intent for general intent crimes?
General awareness of the factors constituting the crime. Not required to be certain of all the circumstances that exist; sufficient that they are aware of a high likelihood that they will occur.
What are strict liability crimes?
Mere fact that the defendant committed the act is sufficient for liability for a strict liability crime. Does not require awareness of all the factors constituting the crime.
Most common statutory liability crimes in the bar exam?
Administrative, regulatory, and moral crimes with knowledge-based qualifiers.
What are the four categories of intent under the MPC. Explain.
1) Purposely: When their conscious object is to engage in certain conduct or cause a certain result.
2) Knowingly: When they are aware that the conduct is of a particular nature or that certain circumstances may exist.
3) Recklessly: When they consciously disregard a substantial and unjustifiable risk.
4) Negligence: When they fail to be aware of a substantial and unjustifiable risk.
Explain the doctrine of intent?
When the harm is actually caused, but to a different victim or object. Defenses and mitigating circumstances may be usually transferred.
To which crimes does the doctrine of transferred intent apply?
Homicide, Arson, Battery.
Does the doctrine of transferred intent apply to ‘attempt’?
No.
Name the additional element of crime which may be required to be proved?
Causation and result in homicide cases.
