Fundamentals

Question 1

What is the burdenof prooffor eachelement of a crime?

Answer 1

Each element must be proved beyond a reasonable doubt.

Question 2

In order to be convicted of a crime, what must be proven about a defendant?

Answer 2

That the defendant is guilty of each element beyond a reasonable doubt.

Question 3

When is the actus reus element met?

Answer 3

1. An act that is voluntary

Or

2. An omission to act when there is a legal duty to act
   * More Info:* Actus Reus

Question 4

What are the elements that must be proven in each crime?

Answer 4

1. Actus Resu: act requirement.
2. Mens Rea: mental state.
3. Concurrence: mens rea drove the actus reus
4. Actual cause
5. Proximate Cause

Question 5

What are examples of involuntary acts?

Answer 5

Acts while

1. Sleepwalking
2. Under hypnosis

Or

3. During an epileptic seizure.

Question 6

Are habitual acts (conditioned reactions) voluntary acts?

Answer 6

Yes

Question 7

Are acts performed under duress voluntary acts?

Answer 7

Yes

Question 8

When are there legal duties to act, such that an omission to do so would fulfill the actus reus?

Answer 8

1. Statutory duties, such as those of a law enforcement officer
2. Legal duty by contract; such as a life guard
3. Status relationship, such as husband/wife; parent/child
4. Voluntary undertakings to rescue that are abandoned, such as telling others to stay back so you can rescue someone, and then abandoning the effort
5. Failing to help after creating the risk of peril, such as a hit and run

Question 9

What are the main categories of mens rea?

Answer 9

1. Purposeful
2. Knowledge
3. Intentional
4. Willful
5. Recklessness
6. Criminal Negligence

And

7. Malice
   * More Info:* Mens Rea

Question 10

Define purposeful mens rea?

Answer 10

It is the person’s conscious objective to produce a result

Question 11

Define knowledge mens rea?

Answer 11

A person knows a course of action will almost certainly produce a specific result.

Question 12

Define intent mens rea?

Answer 12

Acting with purpose or knowledge

Question 13

What is the applicable mens rea for inchoate crimes?

Answer 13

Only purposeful mens rea.

Question 14

Define willful mens rea?

Answer 14

1. Actus reus
2. Mens rea
3. Concurrence, Mens rea drove the actus reus
4. Actual cause
5. Proximate cause

Question 15

Define criminal negligence mens rea?

Answer 15

A person:

1. Creates an unjustifiable risk
2. They are subjectively unaware of the risk

And

3. A reasonable person would have been aware of the risk.

Question 16

Differentiate between

criminal negligence and civil negligence

Answer 16

Criminal negligence is a gross deviation from the normal standard of care.

Civil negligence is only a deviation from the normal standard of care.

Question 17

What do specific intent crimes require?

Answer 17

Proof that the defendant intended to produce the specific result.

Question 18

What is type of crime requires the defendant to act “with the intent to?

Answer 18

Specific intent crimes.

Question 19

What does general intent require?

Answer 19

The defendant desired to do the prescribed act.

Includes: reckless and negligent acts

More Info: General Intent

Question 20

How can the specific intent element of a crime can be nullified?

Answer 20

1. Defendant’s honest but unreasonable mistake of fact

Or

2. Voluntary intoxication

Question 21

How can a general intent element of a crime can be nullified?

Answer 21

An honest and reasonable mistake of fact.

Question 22

What are the types of malice?

Answer 22

1. Express malice

And

2. Implied malice

Question 23

What is the essential mens rea element for murder?

Answer 23

Malice

Question 24

When can express malice for murder be established?

Answer 24

1. The defendant’s purpose was to kill another person
2. The defendant acted with knowledge that conduct would kill

Or

3. The defendant acted with intent to inflict serious bodily injury

Question 25

When can **implied malice** for murder be established?

Answer 25

1. The defendant caused a death as the result of extreme reckless or criminally negligent conduct And 2. The defendant's conduct manifested a wanton disregard for the value of human life

Question 26

**Implied malice** may be established in what types of **killings**?

Answer 26

1. Unintentional killings And 2. Felony murders

Question 27

What is the mens rea in **strict liability** crimes?

Answer 27

There is none. Any act that brings about the prohibited effect results in guilt.

Question 28

What type of crimes will **mistake of fact** **never** be a **defense**?

Answer 28

Strict liability crimes

Question 29

Unlawful killing + **Malice** =

Answer 29

**Murder**

Question 30

When does **transferred intent** occur?

Answer 30

When the defendant intends to produce harm against one party but inadvertently harms another party. The intent transfers to the unintended victim and the defendant cannot use as a defense that they harmed the wrong person. *More Info:* [Transferred Intent](http://nationalparalegal.edu/public_documents/courseware_asp_files/torts/againstProperty/transferredIntent.asp)

Question 31

What is the relationship between **mens rea and actus reus?**

Answer 31

In order to prove guilt, the prosecution must prove that the act that causes the criminal result was set in motion by the requisite criminal state of mind. There must be a concurrence between the act and the intention.

Question 32

What does the **causation** **element** of a crime require?

Answer 32

The defendant must be the actual and proximate cause of the criminal result.

Question 33

**A defendent cannot** be a **proximate cause** without also being what?

Answer 33

The actual cause.

Question 34

What are the **actual cause tests**?

Answer 34

**But for causation**: criminal result would not have occurred but for the defendant's act **Substantial Factor**: when there are multiple causes, or other parties, responsible for the same criminal result, the defendant is the cause if the defendant's acts were a substantial factor in causing the criminal result. **Acceleration**: when the defendant's conduct speeds up the inevitable death of someone (even by a matter of seconds).

Question 35

What is the **test** for **satisfying** the **proximate cause** element?

Answer 35

1. If the harm was a **foreseeable** consequence of the defendant's conduct, then the **defendant is** the proximate cause 2. If the harm was an **unforeseeable** result of the defendant's conduct, the the defendant is **not** the proximate cause.

Question 36

**When** is **proximate** cause **analysis** required?

Answer 36

When an intervening event comes between the defendant's actual cause and the criminal result.

Question 37

When will an **intervening** event **supercede** the **defendant's** criminal responsibility?

Answer 37

If the intervening event is foreseeable, then it does not supersede; if it is **unforeseeable**, then it normally will supersede. *More Info:* [Intervening Events](http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/basicElements/Causation.asp)

Question 38

What type of **conduct** is: Foreseeable v. Unforeseeable?

Answer 38

Unforeseeable: gross negligence or reckless conduct of another party Foreseeable: simple negligence of another or special sensitivities of the victim

Question 39

What is the **analysis** when determining if there is an **intervening cause**?

Answer 39

If it was **responsive** to the defendant's initial act, then it is not superseding Or If the intervening cause is **independent** of the defendant's act or a mere coincidence, then it is **superseding**