Introduction and Crime Elements

Question 1

What were the nine “Malum In Se” felonies at common law (MR MRS LAMB)?

Answer 1

Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, Burglary

Question 2

What is Actus Reus?

Answer 2

Guilty Act. The physical, voluntary, guilty, overt and volitional act, requiring some bodily movement, that constitutes the physical part of the crime.

Question 3

Within Actus Reus, what constitutes a “Voluntary Act”?

Answer 3

A conscious act of the will that is not a reflexive or convulsive act and was not performed while asleep or unconscious.

Question 4

Within Actus Reus, what is the general rule with regard to a Duty to Act?

Answer 4

Generally, there is no duty to act.

Question 5

Within Actus Reus, what situations create a Duty to Act (and constitute an Omission to Act if failure to act)?

Answer 5

1) Parent/child and spouse 2) Contractual Relationship, 3) Public Servant 4) Statute 5) Creation of Peril 6) Preclusion of Others

Question 6

Within Actus Reus - Omission to Act, what are the conditions of the duty to act with regard to Parent/Child Spouse?

Answer 6

1) Parent with minor child 2) Not adult child to parent 3) Minor child in custody of relative

Question 7

Within Actus Reus - Omission to Act, what two elements must also be present to create a duty to act?

Answer 7

1) Knowledge of the need to act 2) Reasonably possible to perform

Question 8

What is Mens Rea?

Answer 8

Guilty mind

Question 9

Within Mens Rea, what constitutes Specific Intent?

Answer 9

1) Defendant desires to commit the crime 2) Defendant knows with substantial certainty the crime will occur

Question 10

Within Mens Rea, what are the key words pertaining to Specific Intent?

Answer 10

Intent, Intentional, Intentionally

Question 11

Within Mens Rea, what crimes require Specific Intent?

Answer 11

1) Solicitation 2) Attempt 3) Conspiracy 4) First Degree Pre-Meditated Murder 5) Assault (both types) 6) Larceny 7) Burglary 8) Forgery 9) False Pretenses

Question 12

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Solicitation?

Answer 12

Requesting, urging or tempting someone to commit a crime with the INTENT that the solicitee commit the crime.

Question 13

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Attempt?

Answer 13

A substantial step toward the completion of the crime with the INTENT to commit the crime.

Question 14

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Conspiracy?

Answer 14

Agreement by two or more persons to commit a crime with the INTENT that the crime be committed.

Question 15

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to First Degree Murder?

Answer 15

INTENT to kill plus premeditation and deliberation

Question 16

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Assault?

Answer 16

1) Attempted Battery- A substantial step toward the completion of a
battery with the INTENT to commit a battery

2) Apprehension of Receiving a Battery - INTENTIONALLY causing reasonable apprehension of receiving an immediate battery.

Question 17

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Larceny?

Answer 17

Trespassory taking and carrying away of the personal property of another with the INTENT to permanently deprive

Question 18

Within Mens Rea, what does Larceny include?

Answer 18

1) Larceny by trick 2) Embezzlement 3) Robbery 4) Possession of Stolen Property

Question 19

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Burglary?

Answer 19

Common law - Trespassory breaking and entering of the dwelling house of another in the nighttime with the INTENT to commit a felony therein.

Statutory (Modern) - Entry into any structure with the INTENT to commit any crime therein.

Question 20

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to Forgery?

Answer 20

False making or material altering of a writing with the INTENT to defraud.

Question 21

Within Mens Rea, how is Specific Intent (Intent) articulated in reference to False Pretenses?

Answer 21

Obtaining title to property of another by INTENTIONAL misrepresentation with the INTENT to defraud.

Question 22

Within Mens Rea, what Defenses are available to Specific Intent crimes?

Answer 22

All defenses are available

Question 23

What is Malice?

Answer 23

1) Intent to commit the crime 2) The crime occurs because of a reckless disregard for an obvious risk

Question 24

Within Mens Rea, what are the key words pertaining to Malice?

Answer 24

Malice, Malicious, Maliciously

Question 25

Within Mens Rea, what crimes require Malice?

Answer 25

1) Murder 2) Arson 3) Mayhem

Question 26

Within Mens Rea, how is Malice articulated in reference to Murder?

Answer 26

Homicide with MALICE

Question 27

Within Mens Rea, how is Malice articulated in reference to Arson?

Answer 27

The burning of the dwelling house of another with MALICE

Question 28

Within Mens Rea, how is Malice articulated in reference to Mayhem?

Answer 28

Disablement, dismemberment of a bodily part, or disfigurement with MALICE

Question 29

Within Mens Rea, what Defenses are available to Malice crimes?

Answer 29

Some defenses are available plus mitigation

Question 30

What is General Intent?

Answer 30

Intent is “inferred” by defendant’s acts. Defendant need only intend to commit the act.

Question 31

Within Mens Rea, what are the key words pertaining to General intent?

Answer 31

No key words

Question 32

Within Mens Rea, what crimes require General Intent?

Answer 32

1) Involuntary Manslaughter (requires wrongful act) 2) Battery 3) False Imprisonment 4) Kidnapping 5) Rape

Question 33

Within Mens Rea, what Defenses are available to General Intent crimes?

Answer 33

Defenses that negate “Mens Rea” are available

Question 34

What is Strict Liability?

Answer 34

No Mens Rea is required, only Actus Reus

Question 35

Within Mens Rea, what are the key words for Strict Liability?

Answer 35

No key words

Question 36

Within Mens Rea, what offenses are Strict Liability crimes?

Answer 36

1) Statutory rape 2) Selling liquor to minors 3) Parking tickets

Question 37

Within Mens Rea, what Defenses are available to Strict Liability crimes?

Answer 37

There is no Mens Rea to negate. So most defenses are not available

Question 38

Within Mens Rea, what is Transferred Intent?

Answer 38

Defendant is liable where defendant intends the harm that is actually caused but to a different victim or object

Question 39

Within Mens Rea, what types of crimes does Transferred Intent apply to?

Answer 39

Malice and General Intent crimes only

Question 40

Within Mens Rea, does Transferred Intent apply to Specific Intent or Strict Liability crimes?

Answer 40

Specific Intent - No (except first degree murder). Strict Liability - No (requires no Mens Rea)

Question 41

What is the concurrence of Actus Reus and Mens Rea in Criminal Law?

Answer 41

The defendant must have had the requisite guilty mind at the same time that the defendant performed the guilty act to be guilty of the crime

Question 42

Within the Concurrence of Actus Reus and Mens Rea, must the intent have actuated the act? In other words, must the act have been caused by the intent?

Answer 42

Yes

Question 43

What are the four types of Mens Rea?

Answer 43

1) Specific Intent 2) General Intent 3) Malice 4) Strict Liability

Question 44

Within Mens Rea, what is Specific Intent (Broad)?

Answer 44

Specific intent designates a special mental element that is above and beyond any mental state required with respect to the actus reus of the crime.

Specific intent is a term used to describe a state of mind that exists where a defendant objectively desired a specific result to follow his act. The prosecution must prove that the defendant acted with the intent to achieve a SPECIFIC GOAL, as well as the intent to commit the illegal acts. Specific intent CANNOT BE INFERRED from the commission of the act and specific proof is required to demonstrate that this element is satisfied.

Question 45

Within Mens Rea, what is General Intent (Broad)?

Answer 45

General intent crimes require that the defendant had the intention to commit an illegal act. All that is needed for a conviction is an INTENT TO COMMIT THE ACT that constitutes the crime.

General intent exists when the illegal act may reasonably be expected to follow from an offender’s voluntary act even without any specific intent by the offender.

To prove general intent, the prosecution must demonstrate that the defendant acted intentionally in the sense that he was AWARE OF WHAT HE WAS DOING.

Question 46

Within Mens Rea, what is Strict Liability (Broad)?

Answer 46

Strict liability crimes, also known as public welfare offenses, are crimes that do not require mens rea. The defendant could be found guilty MERELY BECAUSE he committed the act.