General Flashcards
1
Q
Elements of crime
A
- Actus reus- the actual act
- Mens rea- the mental state required to complete the crime.
- Concurrence- all elements at same time
- Causation.
2
Q
Criminal negligence
A
Ds conduct creates a high degree of risk of death or sbi.
More than ordinary negligence.
2
Q
Omissions
A
When there is a duty to act
- Relationship parents
- Duty per statute
- Contract
- Voluntary assumption of care
- Creation of peril
- Duty to control conduct of others
- Landowner.
3
Q
Proximate cause
A
- Harm within risk created by Ds conduct in crimes involving negligence, or
- Recklessness or sufficiently similar to that intended in crimes requiring intent.
D not liable for extraordinary results.
4
Q
Attempt
A
- Must intend to bring about the crime.
- A significant overt act in furtherance.
* commit act of perpetration.
5
Q
Type of intent
A
Some crimes are specific intent, and some are general intent.