Essential elements of crime Flashcards
crime requires voluntary act. you shove me. crime?
no. never.
How long must you control an item to have possession of it where the criminal statute penalizes possession?
Only so long as to control the item and have an opportunity to terminate possession
What is constructive possession?
Where an item is located within the defendants “dominion and control.” This does not require physical control.
Where the statute includes a “knowingly” requirement, if defendant does not know he’s in possession of the Contraband, when is he nevertheless guilty?
When he consciously avoids learning the true nature of the item possessed. You can infer knowledge based on the circumstance.
What is the mental state for assault?
Intent to commit battery.
What is the mental state required for larceny & robbery?
Intent to permanently deprive the victim of his interest in the property taken
What is the mental state required to commit a burglary?
Intent to commit a felony in a dwelling.
What is the mental state for forgery, false pretenses, embezzlement?
Intent to defraud
If the underlying crime does not require specific intent (like murder), does the crime of attempting to commit that underlying crime require specific intent?
Yes, attempt always require specific intent
What defines general intent?
Awareness of factors constituting the crime, that is, aware that defendant is acting in prohibited manner under the circumstances.
The doctrine of transferred intent applies to which 3 crimes?
Homicide
battery
arson
When is motive of the defendant relevant to the substantive criminal law?
Never! Intent matters, but motive doesn’t.
The model Penal Code eliminates the distinction between which 2 types of intent?
The MPC eliminates the distinction between general and specific intent
Vicarious liability for crimes is generally limited to?
Generally limited to regulatory crimes and fines
What is the “concurrence” requirement of the mental fault with physical act?
Defendant must have the relevant intent at the time he commits the crime.
Under New York law, is knowledge of the weight of a controlled substance a requirement for liability?
Knowledge of the weight is not required. Only knowledge of the NATURE of the SUBSTANCE is required.
Name 4 general intent crimes
- Battery
- False imprisonment
- Forcible rape
- Kidnapping
New York uses the 5 mental states from the model Penal Code. Name them and their standards.(Except NY doesn’t use purpose, it says “intentionally”)
- Intentionally: trying to achieve the outcome
- Knowingly: it’s practically certain your behavior will cause the outcome
- Reckless: aware of the substantial and unjustifiable risk and disregards it.
- Negligence when the defendant should have been aware of a substantial and unjustifiable risk
- Strict liability
For criminal liability to attach, you must be the actual and proximate cause of the criminal effect. You are the actual cause of someone’s death if you rob them, and 5 min later they are struck by lightning. Explain accelerating cause of death and criminal liability?
If someone has been stabbed in this dying slowly, and you shoot them, you’re in accelerating cause and libel for the homicide.
If an unforeseeable event occurs after you stab someone, and the unforeseeable event kills them, are you liable for the murder?
No.
If the victim’s pre-existing weakness contributed to the bad result, are you liable criminally?
Yes.
When does concurrent mental state come up on the bar?
Larceny and robbery
