General Principles

Question 1

As to the reckless definition of “consciously disregard[ed] a substantial and unjustified risk”, what is required for “substantial”?

Answer 1

a “substantial” risk is not one that is necessarily greater than 50-50, just one that is of non- trivial probability

Question 2

Almost all crimes require proof of the following four core elements

Answer 2

Physical act, a.k.a. Actus reus

Mental state mens rea

Causation.

Concurrent

Question 3

Physical act (actus reus)

Answer 3

The defendant must have either performed a voluntary physical act or failed to act under circumstances, imposing a legal duty to act

A failure to act rise to liability only if:

There is a legal duty to act.
The defendant has knowledge of the fact giving rise to the duty to act.
AND
it is reasonably possible to perform the duty

Question 4

Mental state mens rea

Answer 4

The defendant must have committed the offense with a culpable state of mind. However, a defendant did not know that their conduct is illegal to be guilty of a crime.

Question 5

Causation

Answer 5

There must be a causal connection between the defendants physical act or failure to act and the harmful result

Question 6

Concurrence

Answer 6

The requisite mental state must be present at the same time the physical act constituting the crime occurs

Question 7

The common law requires that one of the following four different mental states, be proven, depending on the crime committed

Answer 7

Specific content.

Malice.

General intent

Strict Liability

Question 8

Specific intent

Answer 8

Specific intent requires that the crime be committed with a specific intent or objective. The existence of specific intent cannot be conclusively imputed from the mirror doing of an act, but the manner in which the crime was committed may provide evidence of intent.

Question 9

Solicitation intent

Answer 9

Specific intent to have the person solicited commit the crime

Question 10

Attempt intent

Answer 10

Specific intent to complete the crime

Question 11

Conspiracy, intent

Answer 11

Specific intent to have the crime completed

Question 12

First-degree murder, intent

Answer 12

Specific premeditated intent to kill

Question 13

Assault intent

Answer 13

specific (intent to commit a battery)

Question 14

Larceny and Robbery intent

Answer 14

specific (intent to permanently deprive another of his interest in the property taken)

Question 15

Burglary intent

Answer 15

specific (intent to commit a felony in the dwelling)

Question 16

Forgery

Answer 16

specific (intent to defraud)

Question 17

False Pretenses intent

Answer 17

specific (intent to defraud)

Question 18

Embezzlement intent

Answer 18

specific (intent to defraud)

Question 19

Malice

Answer 19

The intent necessary for malice crimes require a reckless disregard of an obvious or high risk that the particular harmful result will occur.

Defenses to specific intent crimes (e.g., voluntary intoxication) do NOT apply to malice crimes. Malice crimes include:

Common Law Murder; AND
Arson

Question 20

General Intent.

Answer 20

General intent is a “catch-all” category of intent.

It requires that the defendant intend to commit an act that is prohibited by law (whether the defendant intended the act’s result is irrelevant). General intent crimes include:

Battery;
Rape;
Manslaughter;
Kidnapping; AND
False Imprisonment

Question 21

Strict Liability.

Answer 21

Strict liability only requires that the defendant voluntarily commit the actus reus (regardless of the defendant’s intent). Defenses that negate state of mind (e.g., mistake of fact) are NOT available. Strict liability offenses include:

Statutory Rape;
Selling Liquor to Minors; AND
Bigamy (some jurisdictions)

Question 22

The Model Penal Code eliminates the common law distinctions between general and specific intent and adopts the following four categories of intent:

Answer 22

purposely

knowingly/willfully

recklessly

negligently

Question 23

MPC purposely

Answer 23

A defendant acts “purposely” when his conscious objective is to
engage in the conduct or to cause a certain result.

Question 24

MPC knowingly/willfully

Answer 24

A defendant acts “knowingly or willingly” when the defendant is aware that his conduct is of the nature required by the crime or that circumstances required by the crime exist.

Question 25

MPC recklessly

Answer 25

A defendant acts “recklessly” when the defendant acts with a conscious disregard of substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct. The risk must constitute a gross deviation from the standard of conduct of a law-abiding person.

Question 26

MPC negligently

Answer 26

A defendant acts “negligently” when the defendant fails to perceive a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct. The risk must constitute a gross deviation from the standard of conduct of a reasonable person in the same situation.

Question 27

Is one who intentionally act through an innocent agent guilty of the crime committed by the innocent agent?

Answer 27

Yes. Intentionally acting through an innocent agent causes the person to be classified as the principal and guilty of the crimes committed by the innocent agent.