KS: Essential Elements of Crimes

Question 1

Jurisdiction

Answer 1

Criminal law jx is territorial – crime may be prosecuted in any state where an act that was part of the crime took place orin any state where the result took place
– venue is the county where the crime took place

Question 2

Burden of Proof

Answer 2

elements of a crime: in a crim case, the prosecution must prove each element of the crime beyond a reasonable doubt
Defenses: once a defense is raised by defendant, the prosecution must disprove each element of the defense beyond a reasonable doubt (except for insanity defense)

Question 3

Classification of Crimes

Answer 3

Felony: crime that is punished by more than one year in prison
- unless identified by statute, felony is one punishable by death or by imprisonment
Misdemeanors: a crime for which the maximum punishment may not exceed one year in prison.

Question 4

Essential elements of crimes

Answer 4

physical act, mental state, causation, concurrence

Question 5

Physical Act

Answer 5

If there is no act, there is generally no crime
Movements that are not considered acts: things not the production of person’s volitions–someone else moves you; sleepwalking or not otherwise conscious; reflex or convulsion
- not required to act unless there is a legal duty, knowledge of the facts giving rise to the duty and an ability to aid

Question 6

Legal duty created by:

Answer 6

Statute: filing tax returns, professionals reporting child abuse
K: babysitters, doctors, lifeguards
Status relationship: parent-child, spouse-spouse
Voluntary assumption of care: if a rescue is started, it must be continued
Creation of the peril: hitting a pedestrian with a car, even if driving carefully

Question 7

Possession as an act:

Answer 7

requires control for a period of time long enough to have an opportunity to terminate the possession
- Constructive possession: the contraband need not be in the defendant’s actual possession so long as it is close enough for him to exercise dominion and control over it

Question 8

Mental States: Common Law–Specific Intent

Answer 8

The crime requires not just the desire to do the act, but the desire to bring about a specific result

• assault
• first degree premeditated murder
• larceny
• embezzlement
• false pretenses
• forgery
• burglary
• solicitation
• conspiracy
• attempt
• 2nd degree murder

Question 9

Solicitation

Answer 9

DOES NOT merge into the underlying offense on an aiding or abetting theory
Persuading the solicited person not to commit the crime or otherwise preventing its commission is a defense in KS except for crimes involving terrorism or weapons of mass destruction

Question 10

Conspiracy

Answer 10

KS law requires merely an overt act going beyond mere preparation

Question 11

Second degree murder

Answer 11

is a specific intent crime in KS

Question 12

Mental States: Common Law- Malice

Answer 12

Defendant acts intentionally or with reckless disregard of an obvious or known risk

• murder
• arson

Question 13

Mental States: Common Law -general intent

Answer 13

Defendant need only be generally aware of the factors constituting the crime

• battery
• forcible rape
• kidnapping
• false imprisonment

Question 14

Mental States: Common Law - Strict Liability

Answer 14

The crime requires only doing the act, no mental state is needed

• public welfare crimes: regulatory or morality offenses that carry small penalties, such as selling alcohol to a minor, selling contaminated food or corrupting the morals of a minor
• statutory rape: having sex with someone under the age of consent
  
  • in KS no intent is required regarding a minor’s age

Question 15

Common Law Mistake: Mistake of Fact

Answer 15

Whether a D’s mistake of fact will be a defense depends on mental state for the crime and whether the mistake is reasonable or unreasonable

• If specific intent crime: any mistake will be a defense
• If general intent or malice crime: only a reasonable mistake will be a defense
• if SL crime: mistake will never be defense

Question 16

Common Law Mistake: Mistake of Law

Answer 16

Never a defense
- Except: if the statute specifically makes knowledge of the law an element of the crime (knowingly selling a gun to a felon)

Question 17

Model Penal Code Mental States: Purposely

Answer 17

When it is the defendant’s conscious object to accomplish a particular result – the defendant meant to do it

• mistake of fact is a defense
• In KS, if the crime does not state a state of mind requirement, every element must be done purposely or knowingly – but reckless is enough if the crime so provides

Question 18

Model Penal Code Mental States: Knowingly

Answer 18

D is aware of what he is doing

- mistake of fact is a defense

Question 19

Model Penal Code Mental States: Recklessly

Answer 19

D is aware of a substantial and unjustifiable risk, and consciously disregards that risk
- mistake of fact is defense

Question 20

Model Penal Code Mental States: Negligently

Answer 20

D should have known about a substantial and unjustifiable risk
- only reasonable mistake of fact is a defense

Question 21

Model Penal Code Mental States: Strict Liability

Answer 21

No mental state required

- mistake of fact is NOT a defense

Question 22

Causation: Actual

Answer 22

but for cause of harm— an accelerating cause is an actual cause

Question 23

Causation: Proximate

Answer 23

legal causation, the natural and probable result of conduct

- requires foreseeability and fairness

Question 24

Causation: eggshell victims

Answer 24

D will not be considered a probable cause

Question 25

Homicide

Answer 25

Under CL, death must occur within a year and a day from act for it to be criminal homicide.

Question 26

Common Law Homicide: Murder

Answer 26

Causing the death of another person with malice aforethought

• Malice aforethought means:
  
  • intent to kill
  • Intent to inflict great bodily harm
  • extreme recklessness: depraved heart murder, unintentional killing
  • felony murder
• Deadly weapon rule: the intentional use of a deadly weapon creates an inference of an intent to kill
• transferred intent: if a D intends to harm one victim but accidentally kills a different victim instead, the D’s intent will transfer from intended victim to the actual victim (but transferred intent does not apply to attempts, only to crimes with completed harms

Question 27

Common Law Homicide: Voluntary Manslaughter

Answer 27

An intentional killing committed in the heat of passion after adequate provocation – provocation must be such that would arouse a sudden and intense anger in the mind of an ordinary person and the defendant did not have time to cool off
- Examples: serious assault/battery, finding spouse in bed with adulterer; words alone are not enough

Question 28

Common Law Homicide: Involuntary Manslaughter

Answer 28

A killing committed with criminal negligence or a killing committed during a crime if it is not felony murder.
Also called misdemeanor manslaughter

Question 29

Common Law Homicide: Felony Murder

Answer 29

Any killing caused during the commission of or attempt to commit a felony.

• Limitations:
  
  • Defendant must be convicted of felony
  • the felony must be inherently dangerous
  • the felony must be separate from killing itself
  • the killing must be during the felony or during immediate flight from the felony
  • the death must foreseeable
  • the victim must not be a co-felon
• Vicarious Liability: if one of the co-felons causes the death, all of the other co-felons will be guilty of felony murder; applies even if the actual killing was committed by a third person so long as one of the felons is a proximate cause of the death.

Question 30

Model Penal Code Homicide: Murder

Answer 30

Intent to kill: requires premeditation and deliberation 
Extreme recklessness: similar to common law rule
Felony murder: limited to six felonies
  - burglary 
  - robbery
  - arson 
  - kidnapping 
  - escaping from custody
  - sexual assault

Question 31

Model Penal Code: Manslaughter

Answer 31

Intentional: an intentional killing committed under the influence of a reasonable, extreme emotional disturbance – heat of passion
Unintentional: a reckless killing, D is aware of a consciously disregards a substantial and unjustifiable risk of death

Question 32

Model Penal Code: Criminally Negligent Homicide

Answer 32

The Defendant was negligent in that he should have known about a substantial and unjustifiable risk of death.