Essential Elements of a Crime Flashcards
In general, what are the essential elements of a crime?
Usually -
- Physical Act (actus reus); AND
- Mental state (mens Rea)
MAY –> also require proof of result and causation
With regards to the essential elements of a crime, what is the rule re: “physical act”?
Must be VOLITIONAL (voluntary bodily movement)
CANNOT BE –> unconscious, reflexive, convulsive
EXCEPTION –> unconscious may be sufficient if D KNEW he was LIKELY to become unconscious and commit act
Can an omission of an act be a physical act?
Omission CAN be a “physical act” IF:
- there is a LEGAL DUTY to act; AND
- D had KNOWLEDGE of facts giving rise to duty; AND
- it was REASONABLY POSSIBLE for D to act
NOTE –> Legal duty can be statutory, contractual, based on relationship, voluntary assumption of care, creation of peril
Can possession be a “physical act”?
Possession can be a physical act ONLY if D had possession LONG ENOUGH to have the OPPORTUNITY to terminate possession
What are the four types of crimes w/ regard to “mens rea”?
- Specific Intent Crimes
- Malice Crimes - reckless disregard to obviously high rick of harm
- General Intent Crimes - awareness of all factors constituting crime (ie..awareness of act or high likelihood it will occur)
- Strict Liability - no required awareness
Additional issue –> see also transferred intent
What is required for “specific intent” crimes?
- The existence of specific intent CANNOT be conclusively imputed from the MERE DOING of the act
- HOWEVER —> the MANNER in which crime was committed may provide circumstantial evidence of intent
What are the “Specific Intent” crimes (7)?
BAM ACTS
- Burglary
- Assault
- Murder (1st degree)
- Attempt
- Conspiracy
- Theft (larceny/robbery)
- Solicitation
Also –> forgery/false pretenses/embezzlement
What are each of the specific intent crimes and their requisite intents?
- Burglary - intent to commit felony in dwelling
- Assault - intent to commit battery
- Murder (1st degree) - Premeditated attempt to kill
- Attempt - intent to complete crime
- Conspiracy - intent to have crime completed
- Theft (larceny/robbery) - intent to permanently deprive other of his interest in property taken
- Solicitation - intent to have person solicited commit chimer
Forgery/false pretenses/embezzlement –> intent to defraud
What is the intent necessary for “malice” crimes?
reckless disregard of an obvious risk of harm
NOTE –> defenses to specific intent crimes (ie.. voluntary intoxication) do not apply to malice crimes
What are the two malice crimes?
- common law murder
2. arson
What do “general intent” crimes require?
Awareness of all factors constituting the crime (ie.. awareness of act or high likelihood that it will occur)
NOTE –> D need not be certain that all circumstances exist; it is sufficient if she is aware of a high likelihood they will occur
What is the rule re: inference of general intent merely from doing the act?
Unlike specific intent crimes, the existence of general intent can be inferred merely from the doing of the act
What are “strict liability” crimes?
Examples?
- do not require awareness.
- D may be found guilty from mere fact that she committed the act
Examples:
- selling liquor to minors
- statutory rape
What is the rule re: defenses that negate state of mind and strict liability offenses?
Defenses that negate state of mind (ie..mistake) are not available for strict liability offenses.
What is the rule re: “transferred intent”?
D can be liable under doctrine of “transferred intent” where she INTENDS the harm that is actually caused, but to a different victim or object.
Applies to –> homicide, battery, arson
Does NOT apply to –> attempt
