Essential Elements of a Crime Flashcards
What are the four primary elements of a crime?
actus reus, mens rea, concurrence of the act and mental state, and a harmful result caused by the defendant’s act.
All physical acts involved in a crime must be ______________.
voluntary
Is there a legal duty to rescue?
Generally, no.
How can a duty to act arise?
There are five ways a duty to act can arise: 1) by statute; 2) by contract; 3) because of the relationship of the parties; 4) because you voluntarily assumed a duty of care and failed to adequately perform it; and 5) where your conduct created the peril.
What are the common law mental states?
There are four common law mental states: specific intent, malice, general intent, and strict liability.
What is the mnemonic for the specific intent crimes?
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
What are the specific intent crimes?
Solicitation; conspiracy; attempt; first degree murder; assault; larceny; embezzlement; false pretenses; robbery; burglary; forgery.
What are the malice crimes?
murder and arson
What does malice mean?
reckless indifference to human life.
What does general intent mean?
the defendant had a general awareness that she was acting in a manner that would be prohibited by law.
When can you be charged with both attempt and a substantive crime despite the doctrine of merger?
where there are two victims, i.e. you attempt to hurt one person but end up actually hurting another.
What defenses are there is strict liability crimes?
none—it’s strict liability
What are the Model Penal Code mental states?
purposely, knowingly, recklessly, negligently
Someone acts with purpose when . . .
it is their conscious objective to engage in certain conduct or cause a certain result.
Someone acts with knowledge when . . .
they are aware that their conduct will very likely cause the result.
