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Criminal Law/Procedure > Module 2-6 - Essential Elements of a Crime > Flashcards

Module 2-6 - Essential Elements of a Crime Flashcards

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1
Q

A crime ALMOST ALWAYS requires proof of what 3 things?

A

a physical act (actus reus), a mental state (mens rea), and a concurrence of the act and the mental state

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1
Q

physical act

A

either performance of a voluntary physical act or failure to act when they should have

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2
Q

A physical act is _____________.

A

a bodily movement

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3
Q

Examples of bodily movements that do not qualify for criminal liability

A

conduct that is not the product of the person’s own volition

reflective/convulsive act

act performed while unconscious or asleep

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4
Q

Omission as an act: only gives rise to liability if…

A

(1) there is a legal duty to act;
(2) D has knowledge of the facts giving rise to the duty to act; and
(3) it is reasonably possible to perform the duty

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5
Q

Under what circumstances would a legal duty to act arise?

A

(1) By statute (required to file tax returns);
(2) By contract (lifeguard or nurse has legal duty to act);
(3) Relationship between the parties (parent/spouse has duty to protect child/spouse from harm);
(4) Voluntary assumption of care by D for victim**
(5) D created the peril for the victim**

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6
Q

For an omission to be a criminal act, there must be what?

A

a duty to act

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7
Q

Possession as an act

A

does not need to be exclusive to one person; can have constructive possession; just have to show that the contraband is within D’s dominion and control

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8
Q

Specific intent crime mneumonic

A

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

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9
Q

What are the specific intent crimes?

A

Solicitation, Conspiracy, Attempt, First Degree Premeditated Murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery

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10
Q

Basic (Mental State) Definition: Solicitation

A

intent to have the person solicited commit the crime

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11
Q

Basic (Mental State) Definition: Conspiracy

A

intent to have the crime completed

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12
Q

Basic (Mental State) Definition: First Degree Premeditated Murder

A

premeditated intent to kill

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13
Q

Basic (Mental State) Definition: Assault

A

intent to commit a battery

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14
Q

Basic (Mental State) Definition: Larceny

A

intent to permanently deprive the other of their interest in the property taken

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15
Q

Basic (Mental State) Definition: Embezzlement

A

intent to defraud

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16
Q

Basic (Mental State) Definition: False Pretenses

A

intent to defraud

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17
Q

Basic (Mental State) Definition: Robbery

A

intent to permanently deprive the other of their interest in the property taken

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18
Q

Basic (Mental State) Definition: Burglary

A

intent to commit a felony in the dwelling

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19
Q

Basic (Mental State) Definition: Forgery

A

intent to defraud

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20
Q

Definition specific intent

A

doing a crime with a specific objective; the manner in which the crime was committed may provide circumstantial evidence of intent

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21
Q

WHAT ARE THE TWO DEFENSES ONLY AVAILABLE FOR SPECIFIC INTENT CRIMES?

A

(1) voluntary intoxication; and
(2) unreasonable mistake of fact

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22
Q

What is malice?

A

reckless disregard of an obvious or high risk that the particular harmful result will occur

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23
Q

Do defenses to specific intent crimes (such as voluntary intoxication) apply to malice crimes?

A

NO

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24
Q

What is general intent?

A

D has an awareness of all factors constituting the crime; D must be aware that they are acting in a proscribed way and that any required attendant circumstances exist

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25
Q

Can a jury infer the required general intent merely from the doing of an act?

A

YES

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26
Q

What are the general intent crimes?

A

battery, rape, kidnapping, false imprisonment

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27
Q

What are the malice crimes?

A

common law murder, arson

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28
Q

What are the strict liability crimes?

A

statutory rape, selling liquor to minors, bigamy

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29
Q

What are strict liability offenses?

A

does not require awareness of all of the factors constituting the crime; D can be found guilty from the mere fact that they have committed the act; DEFENSES DO NOT APPLY

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30
Q

If the crime is in the administrative, regulatory, or morality area and there are no adverbs in the statute (knowingly, willfully, intentionally), then what?

A

the statute is meant to be a no intent crime of strict liability

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31
Q

How does the MPC modify the common law distinctions between general and specific intent crimes?

A

PKRN

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32
Q

MPC: Purposely

A

subjective; CONSCIOUS OBJECT to engage in proscribed conduct

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33
Q

MPC: Knowingly

A

subjective; awareness that the conduct is of a PARTICULAR NATURE or will cause a PARTICULAR RESULT

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34
Q

MPC: Recklessly

A

subjective; CONSCIOUSLY DISREGARDING a SUBSTANTIAL and UNJUSTIFIABLE RISK

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35
Q

MPC: Negligently

A

objective; FAILURE TO BE AWARE of a SUBSTANTIAL AND JUSTIFIABLE RISK

D must have taken a very unreasonable risk

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36
Q

Enterprise liability: corporations may be held liable for an act performed by…

A

(1) an agent of the corporation acting within the scope of their office/employment; or
(2) a corporate agent high enough in the hierarchy to presume their acts reflect corporate policy

37
Q

Transferred intent

A

D intended a harm that is actually caused, but to a different victim or object; defenses and mitigating circumstances may also usually be transferred

38
Q

What crimes does the doctrine of transferred intent apply to?

A

homicide, battery, and arson

39
Q

What crime does the doctrine of transferred intent NOT apply to?

A

attempt

40
Q

Concurrence of mental fault with physical act

A

D must have the intent necessary for the crime AT THE TIME they committed the act constituting the crime; intent must have PROMPTED THE ACT

41
Q

Causation

A

when a crime is defined to require not merely conduct BUT ALSO A SPECIFIED RESULT, D’s conduct must be BOTH the (1) cause-in-fact, AND (2) proximate cause of the specified result

42
Q

principal

A

person who commits the illegal act or who causes an innocent agent to do so; liable for principal crime

HAVE TO HAVE REQUISITE MENTAL STATE

43
Q

accomplice

A

person who aids or encourages the principal to commit the illegal conduct; liable for principal crime if the accomplice intended to aid or encourage the crime

44
Q

accessory after the fact

A

person who aids another to escape knowing that he has committed a felony; liable for separate, less serious crime of being an accessory after the fact

45
Q

Dual intent required for accomplice

A

To be convicted of SUBSTANTIVE CRIME as an accomplice: (1) intent to assist the principal; and (2) intent that the principal commit the substantive offense

46
Q

If the substantive offense has recklessness or negligence as the mens rea, intent element is satisfied if…

A

(1) accomplice intended to facilitate the commission of the crime; and
(2) acted with recklessness or negligence (whichever is required by the statute)

47
Q

What is generally NOT ENOUGH to establish accomplice liability?

A

mere knowledge that a crime will result

48
Q

Scope of accomplice liability

A

crimes they did or counseled AND for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, AS LONG AS THE OTHER CRIMES WERE PROBABLE OR FORESEEABLE

49
Q

withdrawal

A

a person who effectively withdraws from a crime before it is committed CANNOT be held guilty as an accomplice; must occur BEFORE the crime becomes UNSTOPPABLE

50
Q

Withdrawal: if a person encouraged the crime, the person must ______________ the encouragement.

A

repudiate

51
Q

Withdrawal: if the person aided by providing assistance to the principal, the person must do everything possible to….

A

neutralize the assistance

52
Q

_______________ or taking other action to prevent the crime is sufficient to constitute withdrawal.

A

notifying the police

53
Q

Conspiracy

A

(1) Agreement between two or more persons (mutual action);
(2) intent to enter into the agreement (MPC –> unilateral; CL –> bilateral); and
(3) intent by at least two persons to achieve the objective of the agreement

OVERT ACT(majority)/MERE PREPARATION

54
Q

Conspiracy: Mental element

A

(1) intent to agree; and
(2) intent to achieve objective of the conspiracy

SPECIFIC INTENT

55
Q

termination of conspiracy

A

usually terminates upon completion of the wrongful act

unless agreed to in advance, acts of concealment are not part of the conspiracy

56
Q

liability for co-conspirator’s crimes

A

co-conspirator can be held liable for crimes committed by other conspirators if the crimes:
(1) were committed IN FURTHERANCE of the objectives of the conspiracy; and
(2) were foreseeable

57
Q

defenses to conspiracy

A

factual impossibility is NOT a defense

withdrawal is NOT a defense to the conspiracy, but may be a defense to crimes committed in furtherance of the conspiracy (give co-conspirators notice of withdrawal and try to neutralize the assistance)

58
Q

Solicitation

A

asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime

59
Q

defenses to solicitation

A

MPC: renunciation if D prevents the commission of the crime

defense that the solicitor could not be found guilty of the completed crime b/c of a legislative intent to exclude them

60
Q

merger of solicitation with other crimes

A

if the person solicited agrees to commit the crime, but does not even commit acts sufficient for attempt, both parties can be held liable for conspiracy

SOLICITOR CANNOT BE PUNISHED FOR BOTH THE SOLICITATION AND THE OTHER OFFENSES

61
Q

Attempt

A

an act done with the intent to commit a crime, that falls short of completing the crime

(1) specific intent PLUS (2) an overt act in furtherance of the crime

62
Q

Attempt and overt act requirement

A

act or commission must constitute a SUBSTANTIAL STEP in a course of conduct planned to culminate the commission of a crime that strongly corroborates the actor’s criminal purpose

63
Q

Defenses to attempt

A

abandonment (not at CL) –> fully voluntary and complete abandonment is a defense

legal impossibility (rare) –> D, having completed all acts that they had intended, would have committed no crime

factual impossibility –> substantive crime is incapable of completion due to some physical or factual condition unknown to D (NOT A DEFENSE)

64
Q

Common law murder

A

unlawful killing of a human being with malice aforethought

STATES OF MIND THAT WOULD CONSTITUTE CL MURDER:
(1) intent to kill;
(2) intent to inflict great bodily injury;
(3) reckless indifference to an unjustifiably high risk to human life; or
(4) intent to commit a felony

65
Q

first degree murder

A

D makes decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even for a brief period of time (premeditated)

D must have acted with intent or knowledge that their conduct would cause death

66
Q

first degree felony murder

A

killing committed during the commission of an enumerated felony (burglary, arson, rape, robbery, and kidnapping; any felony that is “inherently dangerous”)

67
Q

killings performed in certain ways may be first degree murder

A

homicide of police officer: defendant must know the victim is a cop and the victim must be acting in the line of duty

68
Q

second degree murder

A

usually classified as a depraved heart killing; killing done with a reckless indifference to an unjustifiably high risk to human life

OR any murder that is not classified as first degree murder

69
Q

felony murder

A

any death, even an accidental death, caused in the commission of, or in an attempt to commit, a felony (malice implied from intent to commit underlying felony)

70
Q

felonies included in felony murder

A

burglary, arson, rape

71
Q

Limitation on felony murder rule

A

(1) D must have committed or attempted to commit the underlying felony; defense that negates an element of the underlying offense will also be a defense to felony murder
(2) felony must be distinct from the killing itself
(3) death must have been a foreseeable result of the felony
(4) death must have been caused before the defendant’s immediate flight from the felony has ended (temporary safety and subsequent deaths are NOT felony murder)
(5) defendant is NOT liable for felony murder when a co-felon is killed

72
Q

proximate cause theory to felony murder (minority rule)

A

felons are liable for the deaths of innocent victims caused by someone other than a co-felon

73
Q

agency theory of felony murder (majority rule)

A

killing of innocent victim must be committed by the felon OR their agent with limited exceptions in cases in which the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place

74
Q

voluntary manslaughter

A

killing that would be murder but for the existence of adequate provocation, which is only adequate if:
(1) aroused by sudden and intense passion in the mind of an ordinary person;
(2) defendant was in fact provoked;
(3) not sufficient time between provocation and the killing for passions of a reasonable person to cool; and
(4) defendant in fact did not cool off between the provocation and the killing

75
Q

imperfect self defense

A

murder may be reduced to manslaughter even though:
(1) defendant was at fault in starting the altercation; and
(2) defendant unreasonably BUT HONESTLY believed in the necessity of responding with deadly force

76
Q

involuntary manslaughter

A

killing is involuntary manslaughter if it was committed:
(1) with criminal negligence (or recklessness under MPC); or
(2) in some states, during the commission of an unlawful act; foreseeability might also be a requirement

requires SUBSTANTIAL RISK

77
Q

abandoned and malignant heart murder vas. involuntary manslaughter

A

CL abandoned and malignant heart murder requires high risk of death, which IM is based on recklessness and requires only a substantial risk

78
Q

murder causation

A

D’s conduct must be BOTH the cause-in-fact and the proximate cause of the victim’s death

79
Q

cause-in-fact to murder

A

result is a natural and probable consequence of defendant’s conduct, even if they did not anticipate the precise manner in which the result occurred

SUPERSEDING FACTORS BREAK THE CHAIN OF PROXIMATE CAUSATION

80
Q

rules of causation

A

act that hastens an inevitable result is still the legal cause of the result; simultaneous acts of two or more persons may be independently sufficient causes of a single result

victim’s preexisting weakness or fragility does not break chain of causation

81
Q

Limitations on felony murder rule

A

(1) year and a day –> death of victim must occur within one year and one day from infliction of injury or wound (majority of states have abolished)
(2) intervening act shields the D from liability if the act is a coincidence or is outside the foreseeable sphere of the risk created by D

3rd party’s negligent medical care and victim’s refusal of medical treatment for religious reasons are both FORESEEABLE RISKS, so D WOULD BE liable

82
Q

battery

A

unlawful application of force to the person of another resulting in bodily injury OR an offensive touching (need not be intentional, force need not be applied directly)

GENERAL INTENT

83
Q

aggravated battery

A

(1) battery with deadly weapon
(2) battery resulting in SBI
(3) battery of a child, woman, or police officer

84
Q

assault

A

(1) attempt to commit battery; or
(2) intentional creation (other than mere words) of a reasonable apprehension of imminent bodily injury in the mind of the victim

85
Q

aggravated assault

A

assault + one of the following:
(1) use of a deadly or dangerous weapon; or
(2) with the intent to rape, maim, or murder

86
Q

false imprisonment

A

unlawful confinement of a person without the person’s valid consent

MPC: confinement must interfere substantially with he victim’s liberty

if alternate escape routes are available, NOT CONFINEMENT; routes have to be “reasonable”

87
Q

kidnapping

A

unlawful confinement of a person that involves either:
(1) some movement of the victim; or
(2) concealment of the victim in a “secret” place

88
Q

aggravated kidnapping

A

kidnapping for ransom, for the purpose of committing other crimes, offensive purposes, and child stealing (consent of child is irrelevant, incapable of giving consent as a minor)

89
Q

rape

A

slightest penetration is sufficient

90
Q

statutory rape

A

strict liability; carnal knowledge of a person under the age of consent; mistake of age is almost never a valid defense

Criminal Law/Procedure (5 decks)

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