The Essential Elements of Crimes

Question 1

What is the rule regarding the act requirement? Define an act.

Answer 1

Rule: Ordinarily, if you don’t have an act, you don’t have a crime.

Definition: An act is a voluntary bodily movement

Question 2

What is the omissions rule? What are the three requirements?

Answer 2

In some limited situation, a failure to act can be the basis for criminal liability.

Three Requirements:

(1) legal duty to act
(2) Knowledge of the facts giving rise to the duty, AND
(3) The ability to help

Question 3

For purposes of the omissions rule, what are the five ways a legal duty to act can be created?

Answer 3

A legal duty to act can be created by:

(a) statute
(b) contract or agreement
(c) status relations (e.g. parent-child; spouse-to-spouse)
(d) voluntary assumption of care
(e) creation of a peril

Question 4

What are the four common law mental states?

Answer 4

(1) Specific Intent
(2) Malice
(3) General Intent
(4) Strict Liability

Question 5

Define Specific Intent…

Answer 5

When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.

Summary: Intent to act with intent to cause certain result

Question 6

What are the 11 Specific Intent Crimes?

Answer 6

1. Assault
2. First-degree premeditated murder
3. Larceny
4. Embezzlement
5. False Pretenses
6. Robbery
7. Forgery
8. Burglary
9. Solicitation
10. Conspiracy
11. Attempt

Note: More defense apply to specific intent crimes than the other– especially evidence of mistake of fact and voluntary intoxication.

Question 7

Define Malice…

Answer 7

When a defendant acts intentionally or with reckless disregard of an obvious or known risk.

Question 8

What are the common law malice crimes?

Answer 8

(1) Murder

and

(2) Arson

Question 9

Define General Intent…

Answer 9

The defendant need only be generally aware of the factors constituting the crime; he need not intend a specific result.

Note: The jury can usually infer the general intent simply from the doing of the act.

Question 10

What are examples of general intent crimes?

Answer 10

(A) Battery
(B) False Imprisonment
(C) Kidnapping
(D) Forcible Rape

(All are crimes against the person)

Question 11

Define Strict Liability…

Answer 11

Crime requires simply doing the act; no mental state needed.

Question 12

What are the two types of strict liability crimes?

Answer 12

(1) Public welfare offenses - regulatory or morality offenses that typically carry small penalties. (e.g. selling alcohol to a minor)
(2) Statutory Rape - having sex with someone who is under the age of consent.

Question 13

What is the rule regarding mistake of fact? What is the requirement for general intent crimes? specific intent crimes? strict liability?

Answer 13

Rule: Whether a defendant’s mistake of fact will be a “defense” depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable. So, if the mental state is -

• Specific intent, then any mistake (even an unreasonable one) will be a defense; mistake need only be honest
• General intent, then ONLY a reasonable mistake will be a defense; mistake must be honest and reasonable.
• Strict liability, then mistake is NEVER a defense.

Summary: a reasonable mistake will be a defense to any crime, except a crime of strict liability. An unreasonable mistake will be a defense ONLY to specific intent crimes.

Question 14

What is the rule regarding mistake of law? exceptions?

Answer 14

Rule: Mistake of law is NOT a defense.

Exceptions:
a) If the statute specifically makes knowledge of the law an element of the crime (e.g. “selling a gun to a known felon”)

b) The statute was not available (very limited and unlikely
c) The defendant reasonably relied on a statute or judicial decision that was overruled or declared unconstitutional
d) the defendant relied on official interpretation or advise from someone charged with enforcement, administration, or interpretation of the law. BUT… erroneous advise from a private attorney is not a defense to prosecution.

Question 15

What are the levels of culpability under the Model Penal Code? Define each.

Answer 15

Intentionally (or purposely) - When it is the defendant’s conscious object to accomplish a particular result; It is what the defendant meant to do.

Knowingly - when the defendant is aware of what he is doing (willfully)

Recklessly - when the defendant is aware of a substantial and unjustifiable risk, and consciously disregards that risk.

Negligently - when the defendant should have known about a substantial and unjustifiable risk.

Question 16

What is actual causation?

Answer 16

A defendant is an “actual cause” if the bad result would not have happened but for the defendant’s conduct.

An “accelerating cause” is an actual cause.

Question 17

What is the rule regarding proximate causation?

Answer 17

Rule: A defendant is a proximate cause if the bad result is a natural and probable consequence of the defendant’s conduct.

Key concepts - foreseeability and fairness

Question 18

What is the rule regarding intervening causes?

Answer 18

D will not be considered a proximate cause if an unforeseeable intervening event causes the bad result. But foreseeable intervening causes are considered a proximate cause.

Question 19

What is the eggshell victim rule?

Answer 19

D will be considered a proximate cause even if the victim’s preexisting weakness contributed to the bad result.

Question 20

What is the concurrence rule?

Answer 20

The defendant must have the mental state at the same time as he engages in the act.

Concurrence issues arise most frequently with two crimes: Larceny and Burglary