W2

Question 1

Elements of an Offense

Answer 1

Voluntary Act or Omission
Mens Rea
Causation
Harm
Attendant Circumstnaces

Question 2

Common Law Mental States (4)

Answer 2

General Intent - requires only general awareness of factors
Specific Intent - desire to do act & commit future act
Malice - ∆ acts intentionally or w/ reckless disregard of an obvious or known risk
Strict Liability - No mens rea requirement for at least one actus reus requirement

Question 3

Ex. of General Intent Crimes

Answer 3

Battery, Rape, Kidnapping, False Imprisonment

Question 4

Ex. of Specific intent crimes

Answer 4

larceny, burglary, robbery, solicitation, conspiracy, assault

Question 5

ex. of malice crime

Answer 5

murder, arson

Question 6

Ex. of strict liability crime

Answer 6

sex with minor

Question 7

MPC mental states

Answer 7

purposely
knowingly,
negligently - gross deviation
recklessly - risk goes through your head, push aside and do anyway.

Question 8

strict liability in the MPC ONLY applies to _______

Answer 8

violations

Question 9

Common law mistake rules
Strict liability =
general intent/malice =
specific intent =

Answer 9

strict liability = no mistake is a defense
general intent/malice = reaosnable mistake is a defense (but look for legal wrong doctrine)
specific intent = any mistake, reasonable or unreasonable is a defense

Question 10

legal wrong doctrine vs. MPC approach

Answer 10

legal wrong doctrine = ∆ guilty of the greater offense
MPC 2.04(2) = ∆ guilty of lesser offense