General Principles and Elements of a Crime

Question 1

Prosecution burden of proof

Answer 1

Beyond a reasonable doubt

Question 2

Misdemeanor

Answer 2

A criminal offense punishable by a fine or less than a year in prison

Question 3

Felony

Answer 3

a Criminal Offense punishable by death or imprisonment for a year or more

Question 4

What does a voluntary act include?

Answer 4

a conscious movement, even if habitual

Question 5

What is not a voluntary act?

Answer 5

• A reflex or convulsion
• conduct during hypnosis, unconsciousness, or sleep
• a bodily movement that is not a product of effort or determination (being shoved)

Question 6

When can a Defendant be criminally liable for a failure to act?

Answer 6

Where there is a duty:

1. Statutes (requirement to report child abuse)
2. Contract (lifeguard contracted to save people)
3. Relationship (parent to child, spouse to spouse)
4. Creating the danger
5. Failing to act reasonably after beginning rescue

Question 7

Penal Code Mental States

Answer 7

1. Purposely - conscious objective to engage in specific conduct or cause specific result
2. Knowingly- being aware that acting in a certain way to or that certain conduct will cause a certain result.
3. Recklessly- consciously disregarding a substantial and unjustifiable risk and grossly deviates from the stated of conduct of law-abiding people

**Default Mens Rea if none listed in statute**

1. Negligently- should have been aware of a substantial and unjustifiable risk grossly deviates from standard conduct of a law-abiding citizen

Question 8

Transferred Intent

Answer 8

If the D intends to harm person A but harms Person B, the D’s intent will transfer from the victim he intended to harm to the actual victim.

Question 9

Specific Intent Crimes against Persons

Answer 9

• Assault
• First Degree premeditated murder

Question 10

Specific Intent Crimes Against Property

Answer 10

1. Robbery
2. Embezzlement
3. Burglary
4. Larceny
5. Forgery
6. False Pretenses

Question 11

Specific Intent Incomplete Crimes

Answer 11

1. Solicitation
2. Attempt
3. Conspiracy

Question 12

General Intent Crimes

Answer 12

1. Battery
2. Rape
3. False Imprisonment
4. Kidnapping

Question 13

Elements of a Crime

Answer 13

1. guilty act
2. guilty mind
3. causation, and
4. concurrence

Question 14

Define: Malice

Answer 14

D acts recklessly or with intentional disregard of an obvious or known risk that a particular result will occur

Examples: Murder, Arson

Question 15

Define: Strict Liability

Answer 15

No mental state required

1. Small Crimes (vehicular traffic offenses)
2. Statutory Rape - having sex with a minor