General Flashcards

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1
Q

Elements of crime

A
  1. Actus reus- the actual act
  2. Mens rea- the mental state required to complete the crime.
  3. Concurrence- all elements at same time
  4. Causation.
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2
Q

Criminal negligence

A

Ds conduct creates a high degree of risk of death or sbi.

More than ordinary negligence.

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2
Q

Omissions

A

When there is a duty to act

  1. Relationship parents
  2. Duty per statute
  3. Contract
  4. Voluntary assumption of care
  5. Creation of peril
  6. Duty to control conduct of others
  7. Landowner.
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3
Q

Proximate cause

A
  1. Harm within risk created by Ds conduct in crimes involving negligence, or
  2. Recklessness or sufficiently similar to that intended in crimes requiring intent.
    D not liable for extraordinary results.
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4
Q

Attempt

A
  1. Must intend to bring about the crime.
  2. A significant overt act in furtherance.
    * commit act of perpetration.
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5
Q

Type of intent

A

Some crimes are specific intent, and some are general intent.

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