Essential Elements of a Crime AND Accomplice Liability

Question 1

An act must be ____.

Answer 1

Voluntary

Question 2

Will a reflexive or convulsive motion count as an act?

Answer 2

No

Question 3

WIll a conduct performed while you are unconscious or asleep count as an act?

Answer 3

No.

Question 4

Liability of you voluntarily assume a duty of care and then fail to adequately perform?

Answer 4

Yes

Question 5

There is a duty to act where you conduct . . .

Answer 5

Created peril for another

Question 6

Why is “specific intent” important?

Answer 6

D will qualify for additional defenses

Question 7

Specific intent crimes mnemonic?

Answer 7

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Question 8

Specific intent crimes?

Answer 8

Solicitation
Conspiracy
Attempt
First Degree Murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

Question 9

Two malice crimes?

Answer 9

Murder and arson

Question 10

Malice = _____ ______

Answer 10

Reckless indifference

Question 11

All crimes not included in specific intent or malice categories are _____ intent UNLESS they qualify for ____ _____.

Answer 11

General

Strict Liability

Question 12

Two most common general intent crimes?

Answer 12

Rape

Battery

Question 13

I want to kill A, but shoot and miss, killing B. Am I guilty of murder? Why?

Answer 13

Yes, doctrine of transferred intent.

Question 14

I want to kill A, but shoot and miss, killing B. Can I be charged with two crimes? Explain.

Answer 14

Yes. There are always two crimes in every transferred intent hypo: the executed crime on the victim and the attempt on the lucky guy. Attempt will not merge when there are two victims.

Question 15

Strict liability are the no ____ crimes.

Answer 15

Intent

Question 16

If the crime is in the admin., reg., or morality area AND you don’t see any adverbs such a knowingly, willfully, or intentionally, then the statute is meant to be a . . . .

Answer 16

No intent crime of SL.

Question 17

One acts purposefully when it is his ____ _____ to engage in certain conduct or cause a certain result

Answer 17

Conscious objective

Question 18

One acts knowingly when he is ______ that his conduct is very likely to cause the result

Answer 18

Knowingly

Question 19

Once acts recklessly when he _____ _____ a substantial and unjustifiable risk.

Answer 19

Consciously disregards

Question 20

One acts negligently when he fails to be aware of a ____ and ___ risk.

Answer 20

Substantial

Unjustifiable

Question 21

An accomplice is someone who ACTIVELY ____, _____, or _____ the principal in commission of the crime.

Answer 21

Aides

Advises

Encourages

Question 22

Accomplices must possess what?

Answer 22

Requisite intent that the crime be committed.

Question 23

Accomplices are liable for what two things?

Answer 23

The crime itself

All other foreseeable crimes.

Question 24

In order to severe accomplice liability, the accomplice must do what?

Answer 24

Repudiate the encouragement

Question 25

If a person aided by providing assistance to the principal, he must do what to W/D?

Answer 25

Everything possible to neutralize the assistance

Question 26

What is an alternate means of W/D from accomplice liability?

Answer 26

Contact the police.