Essential Elements of a Crime

Question 1

An Act

Answer 1

1-an act can be bodily movement–but the act must be a voluntary act
2-examples of bodily movements that do not qualify for criminal liability:
a. conduct which is not the product of own volition
b. a reflexive or convulsive act
c. an performed while you are unconscious or asleep

Question 2

An Omission as an Act

Answer 2

-generally there is no legal duty to rescue but sometimes there is a legal duty to act–a legal duty to act can arise in 1 of 5 circumstances:
1-by statute (ex. requirement to file tax returns)
2-by contract (a lifeguard or nurse has legal duty to act)
3-because of the relationship between the parties (parent’s duty to protect children)
4-because you voluntarily assume a duty of care and then fail to adequately perform
5-where your conduct created the peril

Question 3

Mental State-4 Common Law Mental States of a Crime

Answer 3

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

Question 4

Specific Intent Crimes

Answer 4

-the importance of specific intent crimes is that they will qualify for additional defenses not available for other types of crime
-Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts:
a-solicitation (inchoate offense)
b-conspiracy (inchoate offense)
c-attempt (inchoate offense)
d-first degree murder
e-assault
f-larceny
g-embezzlement
h-false pretenses
i-robbery
j-burglary
k-forgery

Question 5

Malice Crimes

Answer 5

• only 2 malice crimes on bar exam: murder and arson

- require reckless indifference

Question 6

General Intent

Answer 6

• big catch all category
• all crimes not mentioned in specific intent and malice crimes are general intent crimes unless they qualify for strict liability
• rape and battery most tested

Question 7

Strict Liability–No Intent Crimes

Answer 7

-importance of strict liability on the bar exam is that any defense that negates intention cannot be a defense to the no intent crimes of strict liability
a-strict liability crimes are the no-intent crimes
b-NOTE-if the crime is in the administrative, regulatory, or morality are and you don’t see any adverbs in the statute such as knowingly, willfully, or intentionally, then the statute is meant to be a no intent crime of strict liability

Question 8

Mental States and the Model Penal Code

Answer 8

a-purposely-one acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result
b-knowingly-one acts knowingly when he is aware that his conduct will very likely cause the result
c-recklessly-one acts recklessly when he consciously disregards a substantial and unjustifiable risk
d-negligently-one acts negligently when he fails to be aware of a substantial and unjustifiable risk