Introductory material and legality

Question 1

What are the 5 elements of a crime that must be proven

Answer 1

1) Actus Reus
2) Mens Rea
3) Attendant Circumstances
4) Causation
5) Concurrence

Question 2

What is Acuts Reus

Answer 2

The voluntary act, omission, or possession that causes the prohibited result.

Actus is the act. Reus is the prohibited results

Question 3

What is Mens Rea

Answer 3

the culpable mental state. the Intent. “guilty” mind”

Question 4

How do you prove mens rea

Answer 4

You can infer state of mind through the conduct. Generally proved circumstantially

Question 5

What are the mens rea in MPC

Answer 5

purpose, knowledge, recklessness, negligence

Question 6

What are the mens rea in CL

Answer 6

intent, recklessness, negligence

Question 7

What are attendant circumstances

Answer 7

Other elements that must be proved to establish prohibited results (i.e. must be a human being, must be a dwelling)

Question 8

What is causation

Answer 8

Links the actus with the reus. State has to prove the act produced the result

Question 9

What is concurrence?

Answer 9

In order to be guilty of the crime, the mind must concur with the action

Question 10

What is the jury’s job with circumstantial and direct evidence?

Answer 10

THe jury’s job is to find the fact, to weigh the evidence, and to assess credibility and determine facts.

Question 11

What is the prima facie burden

Answer 11

government’s requirement to produce evidence on every element in its case.

Question 12

What is the due process aspect of legality

Answer 12

provides people with protection from arbitrary enforcement of the law.

Question 13

What is the issue with notice in legality?

Answer 13

people need to know about the law. THey don’t have to have actual knowledge, but they need to have the ability to know

Question 14

What is malum in se

Answer 14

Evil within itself. refers to the fact that the nature of the crime itself shows its evil (i.e. murder and rape)

Question 15

What is malum prohibitum

Answer 15

evil because legislature say it is evil

Question 16

what is the doctrine of lenity

Answer 16

when the statute is ambiguous the court always rules in favor of the plaintiff

Question 17

EWWhen is the beyond a reasonable doubt met

Answer 17

Reached when every fair and rational hypothesis of innocence has been eliminated such that the only reasonable conclusion is guilty

Question 18

What is the role of inferences

Answer 18

Inferences can help a jury decide if it is reasonable to conclude the state has proved every element. THey are conclusions drawn from evidence and are permissive.

Question 19

When will a judge let the case go to jury

Answer 19

Jury will only get to decide the case when there is a reasonable possibility that the D can be found guilty. Judge cannot let jury have the case if he believes there is another rational hypothesis

Question 20

What is direct evidence

Answer 20

Evidence coming directly from the defendant’s mouth or actions