Mens Rea/ Actus Reus (Ch. 2-3)

Question 1

When is there criminal liability for failing to act?

Answer 1

When there is a special relationship, a contractual relationship, statutory duty, or when an individual assumes the care of another or creates the risk that threatens another.

Question 2

corpus delicti

Answer 2

“bopy of the crime;” includes (1) injury, harm, or loss, and (2) criminal agency.

Question 3

momentary possession

Answer 3

If a defendant handles an illegal substance for the limited purpose of disposing of it, this is not “possession.”

Question 4

dual meanings of “intent”

Answer 4

conscious objective, or knows the result is substantially likely to occur.

Question 5

four mental states under MPC

Answer 5

purposely, knowingly, recklessly, and negligently

Question 6

ostrich instruction

Answer 6

informs the jury that a person may not escape criminal liability by pleading ignorance if he knows or strongly suspects he is involved in criminal dealings but deliberately avoids learning more information.

Question 7

respondeat superior

Answer 7

vicarious liability

Question 8

general intent crime

Answer 8

all that is required is that D intentionally commit the actus reus, there is no requirement that D intended to accomplish anything in addition to the actus reus.

Question 9

specific intent crime

Answer 9

D must have a goal of achieving something in addition to the actus reus or D must commit the actus reus with a specific motive or desire.

Question 10

When does it make a different whether a crime is general or specific intent?

Answer 10

mistake of fact (GI crime- mistake must have been honest and reasonable; SI- mistake only must have been honest), voluntary intoxication (only a defense for specific intent crimes), and accomplice liability.