General Principles

Question 1

What is the standard of proof for each element of a crime?

Answer 1

Each element must be proved beyond a reasonable doubt.

Question 2

In order to be convicted of a crime, a ∆ must be?

Answer 2

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. There is an omission to act and there is a legal duty to act.

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 non-voluntary acts?

Answer 5

Acts while

1. Sleepwalking
2. Under Hypnosis

Or

3. During an epileptic seizure.

Question 6

Are habitual acts (conditioned reaction) 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 where an omission would fulfill actus reus?

Answer 8

Statutory duties: a law enforcement officer

Legal duty by contract; a life guard

Status relationship: husband/wife; parent/child

Voluntary undertaking to rescue that is abandoned: telling others to stay back so you can rescue someone, and then abandoning the effort

Failing to help after creating the risk of peril: 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

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

1. Purpose

or

2. 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 Rea3. Concurrence: Mens Rea drove the Actus Reus4. Actual cause5. 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

criminal negligence v. 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 ∆ intended to produce the specific result.

Question 18

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

Answer 18

Specific intent crimes.

Question 19

What does general intent require?

Answer 19

∆ desired to do the prescribed act.

Includes: reckless and negligent acts.

Question 20

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

Answer 20

1. ∆’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

Essential mens rea element for murder?

Answer 23

Malice

Question 24

When can express malice in murder can be established?

Answer 24

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

Or

3. ∆ acted with intent to inflict serious bodily injury

Question 25

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

Answer 25

1. ∆ caused a death as the result of extreme reckless or criminally negligent conduct And 2. ∆'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

When is **mistake of fact** **never** a **defense** to a crime?

Answer 28

Strict liability crimes.

Question 29

Unlawful killing + **Malice** =

Answer 29

**Murder**

Question 30

When does **transferred intent** occur?

Answer 30

The ∆ intends to produce harm against one party but inadvertently harms another party. The intent transfers to the unintended victim and ∆ cannot use a defense that they harmed the wrong person.

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** of **element** of a crime require?

Answer 32

The ∆ must be the 1. Actual and 2. Proximate cause of the criminal result.

Question 33

**∆ cannot** be **proximate cause** without also being?

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 ∆'s act **Substantial Factor**: when there are multiple causes or other parties responsible for the same criminal result, ∆ is the cause if ∆'s acts were a substantial factor in causing the criminal result. Or **Acceleration**: when ∆'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 ∆'s conduct, ∆ **is** the proximate cause 2. if the harm was an **unforeseeable** result of ∆'s conduct, ∆ is **not** the proximate cause.

Question 36

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

Answer 36

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

Question 37

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

Answer 37

If the intervening event is foreseeable, it does not supersede; if it is **unforeseeable**, it normally will supersede.

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 ∆'s initial act: not superseding Or If the intervening cause **independent** of ∆'s act or a mere coincidence: **superseding**.