Essential Elements of a Crime (Module 2)

Question 1

Actus Reus - Voluntary Act

Answer 1

Must be a voluntary movement; conduct not of a person’s own volition, a reflexive or convulsive act, or an act performed while unconcsious or asleep do not count

Question 2

Actus Reus - Failure to Act Elements

Answer 2

1. D had a legal duty to act
2. D had knowledge of facts giving rise to the duty
3. It was reasonably possible to perform the duty

Question 3

Actus Reus - Legal Duties Giving Rise to Required Action

Answer 3

1. Statute
2. Contract
3. Relationship
4. Voluntary Assumption of duty
5. Created the peril

Question 4

Actus Reus - Possession as an Act

Answer 4

Had possession of the thing long enough to be able to terminate possession
Doesn’t need to have explicit knowledge of what the thing is, just that it’s in their possession and is probably illegal
Can have “constructive possession” meaning it’s in their dominion/control and not necessarily on their person

Question 5

Types of Specific Intent Crimes

Answer 5

Students (SOLICITATION)
Can (CONSPIRACY)
Always (ATTEMPT)
Fake (FALSE PRETENSES)
Laugh (LARCENY)
,
Even (EMBEZZLEMENT)
For (FORGERY)
Ridiculous (ROBBERY)
Bar (BURGLARY)
Facts (FIRST DEGREE MURDER)

Question 6

Specific Intent (Definition)

Answer 6

Requirement that a crime not only be physically done but also done with a certain state of mind

Can be implied from the manner the crime was committed

Qualifies for additional defenses that other crimes do not (voluntary intoxication and unrxble mistake of fact)

Question 7

Malice Definition/Crimes

Answer 7

Definition: a reckless disregard of an obvious high risk that the particular harmful result will occur

Types of Crimes: Arson and Common Law Murder (i.e., 2nd degree)

Question 8

General Intent (Definition)

Answer 8

D had awareness of all the factors constituting the crime; pretty much anything not malice, specific intent, or strict liability

Can be inferred merely from the doing of the act

Question 9

Strict Liability Offenses

Answer 9

No mens rea requirement; regardless of any type of knowledge D can be found guilty merely for the doing of the act

Crimes that are administrative, regulatory, or morality based will be strict liability (e.g., statutory rape, selling liquor to minors)

Question 10

Categories of Intent Under the MPC

Answer 10

Purposely: D’s conscious objective is to commit the crime; subjective standard

Knowingly: D is aware their conduct is of a certain nature and/or that certain circumstances exist and act knowingly that their condcut will necessarily or verly likely bring about a particular result; subjective standard

Recklessly: Perosn consciously disregards a substantial and unjustifiable risk (subj) and that disregard is a gross deviation from the standard of care (obj); both subjective and objective standard

Negligently: person fails to be aware of a substantial and unjustifiable risk and that failure to be aware is a deviation from the standard of care; objective standard

Question 11

Vicarious Liability Offenses

Answer 11

Person without personal fault may be held laible for the criminal conduct of another (usually an employee); trend is to limit to regulatory crimes

Question 12

Enterprise Liability (Liability of Corps and Assoc’s)

Answer 12

Corps may be held liable for an act performed by their agent (this is the modern trend)

Common Law: corp cannot be criminally liable

Question 13

Transferred Intent (and Crimes it Applies to)

Answer 13

D intends the harm that is actually caused, but the harm occurs to a different victim or object

Applies to: homicide, battery, and arson (but NOT attempt)