Jurisdiction and Elements of a Crime

Question 1

When does the State have jurisdiction over a crime?

Answer 1

If either the conduct or result happened in the state

Question 2

What crimes Merge?

Answer 2

1. solicitation
2. attempt

Question 3

What does it mean to merge?

Answer 3

If convicted of the substantive crime, you cannot be convicted of the attempted crime

Question 4

Elements of a Crime

Answer 4

1. An act
2. Mental State

Question 5

An act is:

Answer 5

Any voluntary bodily movement

Question 6

Type of Bodily Movement that does NOT qualify as an Act

Answer 6

1. stuff that is not a product of your own volition
2. a reflixsive or convulsive act
3. an act performed while you were unconsious or asleep

Question 7

Legal duty to Rescue/Act

Answer 7

Generally there is no legal duty to rescue, but it can arise in 5 circumstances:

1. By statute (file tax returns)
2. By contract (Ilifeguard or nurse)
3. Relationship (parent/spouse or spousal)
4. Voluntarily assume duty of care and then fail to adequetly perform it
5. When your conduct created the peril

Question 8

Four Common Law Mental States of a Crime

Answer 8

1. specific intent
2. malice
3. general intent
4. strict liability

Question 9

What is the importance of specific intent crimes?

Answer 9

They allow for additional defenses not available to other crimes

Question 10

Types of Specific Intent Crimes?

Answer 10

1. Solicitation (incohate)
2. Conspiracy (incohate)
3. Atempt (incohate)
4. First degree murder
5. Assault
6. Larceny
7. Embezzlement
8. False Pretences
9. Robbery
10. Burglary
11. Forgery

Question 11

Two Types of Malice Crimes

Answer 11

1. Murder
2. Arson

Question 12

Malice is:

Answer 12

a reckless disregard of an obvious high risk that the particular harmful result

Question 13

General Intent

Answer 13

Big Catch all for crimes that have not been listed previously and are not under strict liability

Question 14

Transferred Intent

Answer 14

There are always two crimes under transferred intent: The committed crime and the attempted crime

Question 15

Strict Liability

Answer 15

• does not require intent

Question 16

What is probably a defendant’s best defense against a strict liability crime?

Answer 16

The statute is unconstitutionally vague

Question 17

Is innebreation a defense to strict liability?

Answer 17

No

Question 18

Model Penal Code (MPC) States of Mind:

Answer 18

1. Purposefully
2. Knowingly
3. Recklessly
4. Negligently

Question 19

Purposefully:

Answer 19

• one has the conscious objective to engage in certain conduct

Question 20

Knowingly

Answer 20

• aware his conduct will likely cause the result

Question 21

Recklessly

Answer 21

• conscious disregard of a substantial and unjustifiable risk

Question 22

Negligently

Answer 22

• when one fails to be aware of a substantial and unjustifiable risk