Essential Elements of a Crime Flashcards
To be criminally liable an act can be any bodily movement, but that movement must be ______.
voluntary
What kinds of bodily movements do not create criminal liability (because they are not voluntary acts)?
(1) conduct not the product of your own volition
(2) reflexive or convulsive acts
(3) acts performed while unconscious or asleep
Is there generally a legal duty to rescue?
no
In what 5 situations can a legal duty to act arise?
(1) by statute
(2) by contract
(3) by party relationship
(4) voluntary assumption of duty of care
(5) when your conduct created the peril
What are the 4 common law mental states of a crime?
(1) specific intent crimes
(2) malice crimes
(3) general intent crimes
(4) strict liability crimes
What are the specific intent crimes?
Solicitation •Conspiracy • Attempt •First degree murder • Assault • Larceny • Embezzlement • False pretenses • Robbery • Burglary • Forgery
What are the 2 main malice crimes?
arson and murder
What kind of intent is required for most crimes?
general intent
If D tries to kill A but instead kills B, what crime(s) may he be charged with, and why?
Attempted murder of A, First degree murder of B. The intent to kill A transfers to B.
What defenses are ineffective against strict liability crimes?
Any defenses that negates intention.
e.g., mistake of fact, consent
How do you identify a strict liability crime?
It is in the administrative, regulatory, or morality area, and has no adverbs such as “knowingly,” “willfully,” or “intentionally.”
What are the MPC mental states and what do they mean?
- Purposely (conscious objective)
- Knowingly (aware of very likely result)
- Recklessly (conscious disregard of substantial risk)
- Negligently (unaware of a substantial and unjustifiable risk)
