General Principles

Question 1

elements of a crime

Answer 1

prosecution must prove all elements of a crime beyond a reasonable doubt:
1. physical act (actus reus),
2. mental state (mens rea),
3. causation (both actual + proximate cause)
4. concurrence (mental state + physical act occur @ same time)

Question 2

acts and omissions

Answer 2

1. Physical act: (actus reus) of the D must be voluntary
2. Omission: is generally NOT a crime unless:
   - D had a legal duty to act,
   - D had knowledge of the facts concerning the duty to act, AND
   - it was reasonably possible for D to act

Question 3

duty to act

Answer 3

• contractual duty
• parent-child relationship
• duty taken on voluntarily
• statutes creates a duty,
• when D creates the danger

Question 4

causation

Answer 4

requires both actual + proximate causation
- Actual causation: present when the result/injury would NOT have occurred “but for” the D’s conduct
- Proximate cause: injury MUST be foreeable from D’s act (it was a natural probable consequence)

Question 5

superseding intervening cause

Answer 5

a 3P’s act will break the chain of causation if the act was:
1. independent, AND
2. NOT foreseeable: it’s so out-of-the-ordinary that it’s NOT fair to hold D liable for the crime

NOTE: V’s refusal of medical treatment and DR’s medical malpractice ARE foreseeable

Question 6

mental states

Answer 6

the intent element of a crime (mens rea)

two types:
1. CL
2. MPC

assume CL

Question 7

CL mental states

Answer 7

1. Specific intent: intent or desire to engage in conduct or cause a certain result
2. General intent: awareness of acting in a certain way
3. Malice: reckless disregard of a known risk that harm may occur
4. Strict liability: no mental state required - only the act is required

Question 8

MPC mental states

Answer 8

1. purposefully: conscious object to engage in conduct or cause a certain result
2. knowingly: aware that conduct is of a particualr nature or will cause a certain result
3. recklessly: consciously disregards a substantial and unjustifiable risk + act in gross deviation from how a reasonable person would act (OR when a person creates such a risk but is unaware of it solely by reason of voluntary intoxication)
4. criminal negligence: should have been aware of a substantial and unjustifiable risk + the failure is a gross deviation from the standard of care

Question 9

willful blindness

Answer 9

(majority of states)
a person is deemed to act knowingly when he is:
1. aware that certain facts are highly probable, OR
2. intentionally ignorant to certain facts

NOTE: knowledge may be proved by circumstantial eviddence