Essential Elements of a Crime Flashcards
Elements (formula of a crime).
Physical Act (actus reas)
Mental State (mens Rea)
Concurrance of Act and Mental state.
Causation (cause in fact and proximate) (some crimes only)
Lack of defense.
What are the three types of CL mental state for a crime?
Specific Intent
Malice
General Intent
What is the mental state of Malice for a crime?
Generally shown with (at least) reckless disregard of an obvious or high risk that a particular harmful result would occur.
Applies to common law murder and arson
Is the physical act of a crime voluntary or involuntary?
What is an act?
Voluntary physical act or failure to act if circumstances impose legal duty to act.
Act is volunatary bodily movement.
Ex. of bodily movements not a criminal act.
Conduct not of own volition.
Reflexcive or convulsive act.
While unconscious or asleep.
When does “possession” become criminal liable act. (statute like possession of contraband).
- Control: for long enought to terminate possession).
Control NOT required to be exclusive (can share).
Control can be constructive (not actual physical control if w/in dominion and control).
- If no mens rea in statute, then at least know in possession (don’t need know illegality).
Can’t be ostrich.
Strict liability (public welfare offense)
No awareness required of factors of crime.
You act your liable.
(sell liquor to minor / statutory rape).
**Defenses that negate state of mind (mistake of fact) unavailable.
Vicarious Liability Offenses
Person w/out personal fault held liable for conduct of another.
Limited to regulatory crimes.
Limit punishment to fines.
Enterprise Liability (CL and ML)
CL: Corp. does NOT have capacity to commit crimes.
Modern statutes: Corps. liable for acts by: (1) agent w/in scope of employmnet, (2) corporate agent high enough in hierarchy that acts presumptively reflect corporate policy.
Transferred Intent
Intend harm that is actually caused, but to different victim or object.
Defenses / mitigating circumstances usually transfer too.
Applies to homicide, battery, and arson. NOT to attempt.
(Usually liable for completed crime and attempted crime against intended victims).
Concurrence
D has necessary intent for crime at time they committed act constituting crime.
Example: No murder if D accidently runs V over on way to his house to kill him.
Causation
When crime requires specified result (death), not just conduct.
Specific intent crimes.
Specific Intent Crimes
- Solicitation: Intent to have the person solicited commit the crime
- Conspiracy: Intent to have the crime completed
- Attempt: Intent to complete the crime
- First degree premeditated murder: Premeditated intent to kill
- Assault: Intent to commit a battery
- Larceny: Intent to permanently deprive the other of their interest
in the property taken - Embezzlement: Intent to defraud
- False pretenses: Intent to defraud
- Robbery: Intent to permanently deprive the other of their interest
in the property taken - Burglary: Intent to commit a felony in the dwelling
- Forgery: Intent to defraud
Specific intent crimes mnemonic: Students Can Always Fake A
Laugh, Even For Ridiculous Bar Facts.
4 Mens Rea of MPC
Powerful Knights Rule Nations
When a statute requires that the defendant act purposely, knowingly,
or recklessly, a subjective standard is used.
Purposely
A person acts purposely when their conscious object is to
engage in certain conduct or cause a certain result.
Knowingly
A person acts knowingly with respect to the nature of their
conduct when they are aware that their conduct is of a particular
nature or that certain circumstances exist. Also, 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. The person acts knowingly with
respect to the result of their conduct when they know that their
conduct will necessarily or very likely cause a particular result.
Recklessly
A person acts recklessly when 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. Recklessness involves both objective
(“unjustifiable risk”) and subjective (“awareness”) elements.
What is required for specific intent under CL?
