Essential Elements of Crime

Question 1

Liability for Omissions

Answer 1

1Criminal liability can sometimes rest upon a person’s failure to act.

Question 2

When an omission constitutes criminal liability

Answer 2

An omission can be sufficient only if:

1. the defendant has a legal duty to act, which can arise from:
   
   • criminal law;
   • tort law;
   • contract law; or
   • any other body of law; and
2. the defendant was aware of the facts giving rise to the duty to act,
3. performing the duty was possible, and
4. D also had the necessary intent.

Question 3

Criminal Liability where D has no legal duty to act

Answer 3

• None.
• Criminal liability cannot rest upon D’s failure to take action if he has no duty to do so.

Question 4

Mens Rea

Knowledge of the Law

Answer 4

• D need not have known anything about the law.
• D must have been aware of the facts that constitute the crime.

Question 5

Men Rea

Strict Liability

Answer 5

• “Strict Liability” crimes do not require awareness of all the facts.
• statutory rape
  
  • no knowledge of victim’s age required
• bigamy
  
  • D need not know at time of second marriage he still has a living spouse
• regulatory crimes
  
  • (low penalty, enforcement device for regulatory scheme)

Question 6

Modern Mens Rea Types

Answer 6

1. Purpose
   
   • a conscious desire
2. Knowledge
   
   • awareness of a practical certainty
3. Recklessness
   
   • awareness of a substantial risk
4. Negligence
   
   • reasonable person would have been aware of a substantial risk

Question 7

General Rule of Modern Statutory Construction

Answer 7

• A modern crime usually requires that the defendant have acted at least recklessly concerning all “physical” elements of the offense.

Question 8

Transferred Intent

Answer 8

• If D intends to injure one person,
• and accidentally inflicts a similar injury upon another person,
• she will be treated as if she intended to injure the person actually harmed.

Question 9

Defense not available to a strict liability crime

Answer 9

No mistake of fact defense available

Question 10

Physical Act Requirement/ Unconsciousness

Answer 10

• Criminal liability must be based upon a “voluntary act” of the defendant.
• If the defendant was unconscious, her behavior cannot constitute the necessary “voluntary act.”

Question 11

Impaired Consciousness and Mens Rea

Answer 11

Impaired consciousness (such as sleepwalking) may show absence of a voluntary act but not insanity