Requirements

Question 1

Requirements for a Criminal Offense

Answer 1

1. Actus Reus
2. Causation and Concurrence
3. Mens Rea

Question 2

Actus Reus

Answer 2

An act that creates the social harm

No thought crimes

Any omissions must have a legal duty to act

- special relationship
- contract
- statutory duty
- creation of risk
- voluntary assumption of care

Question 3

Mens Rea CL

Answer 3

Required mental state

1. Intent
2. Recklessness
3. Negligence

Question 4

Mens Rea MPC

Answer 4

Required mental state

1. Purpose
2. Knowledge
3. Recklessness
4. Negligence

Question 5

Inferred intent can mean:

Answer 5

1. Natural and probable cause
2. Deadly weapon
3. Willful blindness (MPC)
4. Negligence

Question 6

Express Malice

Answer 6

Deliberate, rational mind

Question 7

Implied Malice can mean:

Answer 7

1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to life
4. Intent to commit a felony that is inherently dangerous

Question 8

General intent

Answer 8

Only need mens rea for actus reus

Question 9

Specific Intent

Answer 9

Need mens rea for actus reus + something special

Question 10

Default Rules

Answer 10

1. Plain Meaning/Grammar/Punctuation
2. The Mens Rea Term Goes “all the way down”
3. Legislative History (not universally accepted)
4. Policy
5. Rule of Lenity (last resort)