(1) Criminal Law: General Knowledge

Question 1

What are the 2 Basic types of crimes?

Answer 1

(1) felonies – a crime punishable by death or prison for more than one year;
(2) misdemeanor – a crime punishable by prison for one year or less or by a fine or by both.

Question 2

Merger

Answer 2

If a persons conduct constitutes a felony and misdemeanor it will be merged into a felony. The lesser crime will merger into the greater crime.

Ex. Solicitation and attempt will merge into their completed crimes.

Question 3

When does a criminal offense occur?

Answer 3

A criminal offense occurs when the mens rea (guilty mind) and the actus reus (the unlawful act) occurs at the same time and there is causation. The exception is strict liability crimes which do not require a mens rea.

Question 4

Actus Reus

Answer 4

A criminal act must be a voluntary, affirmative, physical act that causes a criminal proscribed result.

Question 5

Do acts during unconsciousness, sleep or hypnosis fall within Actus Reus?

Answer 5

NO, as acts during unconsciousness, sleep, or hypnosis are not voluntary.

Question 6

Do reflective acts fall within actus reus?

Answer 6

NO, as reflective acts are not voluntary.

Question 7

If a person knows of an issue they have like falling asleep during the day and then they do that behind the wheel of a car, are they then responsible for the resulting injuries?

Answer 7

YES, if an epileptic that knows they have seizures and operates a vehicle and has a seizure then crashes a car, they are liable for any resulting injuries.

Question 8

Omission Rule

Actus Reus

Answer 8

The act can be an omission or failure to act in 5 instances: (a) imposed by statute; (b)contract; (c) special relationship; (d) detrimental undertaking; AND (e) causation (failing to aid after causing peril). In addition to these 5 instances the D must have knowledge of the facts giving rise to the duty to act and it must be reasonable possible for the D to perform the duty.

Question 9

Mens Rea

Answer 9

There is a mens rea rule for
1. Specific Intent crimes
2. General Intent crimes
3. Malice Crimes
4. Transferred Intent Rule
5. Model Penal Code Rule

Question 10

Specific Intent Crimes Rule

Mens Rea

Answer 10

D must possess a subjective desire, objective, or knowledge to accomplish a prohibited result. Specific Intent crimes include: [F.I.A.T.] (a) 1st Degree Murder; (b) Inchoate offenses; (c) Assault with the intent to commit a battery; AND (d) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).

AKA: must have the specific intent to commit the crime.

Question 11

What are Specific Intent Crimes?

Mens Rea

Answer 11

Specific Intent crimes include: [F.I.A.T.]
(a) 1st Degree Murder;
(b) Inchoate offenses;
(c) Assault with the intent to commit a battery; AND
(d) Theft offenses: larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery.

Question 12

General Intent Crimes Rule

Mens Rea

Answer 12

Only require an intent to perform an act that is unlawful.

Ex. Battery, rape, kidnapping, and false imprisonment.

Question 13

What are General Intent Crimes?

Mens Rea

Answer 13

Battery, rape, kidnapping, and false imprisonment.

Question 14

Malice Crimes Rule

Mens Rea

Answer 14

Common law murder and arson require malice which is a reckless disregard of a high risk of harm.

Question 15

Transferred Intent Rule

Mens Rea

Answer 15

D’s acts with an intent to cause harm to one person and that act results in harm to another person or object, the D is still liable for the harm caused. Transferred intent usually applies to homicide, battery and arson claims and does not apply to attempted crimes.

Question 16

Model Penal Code Rule

Mens Rea / Overview

Answer 16

MPC levels of culpability: (a) purposely, (b) knowingly or willfully, (c) recklessly, and (d) negligently. If the requisite mens rea is not stated then the D acted recklessly.

Question 17

What does it mean when a D acts “Purposefully”?

Mens Rea - Model Penal Code

Answer 17

When a D acts purposely their conscious objective is to engage in the conduct or to cause a certain result.

Question 18

What does it mean when a D acts “Knowingly or Willfully”?

Mens Rea - Model Penal Code

Answer 18

Knowingly or willfully requires that the D be aware or know that the result is practically certain to occur based on their conduct.

Question 19

What does it mean when a D acts “Recklessly”?

Mens Rea - Model Penal Code

Answer 19

Recklessly requires D to act with a conscious disregard of a substantial and unjustiable risk that a material element exists or will result from their conduct. (The risk must be a gross deviation from the standard of a law-abiding person).

Question 20

What does it mean when a D acts “Negligently”

Mens Rea - Model Penal Code

Answer 20

D should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from their conduct. (The risk must be a gross deviation from the standard of a law-abiding person).

Question 21

Causation

Answer 21

When mens rea is a requirement then the mens rea must cause the actus reus. If only actus reus is needed then the D’s act must cause the particular result made.

Question 22

Actual Cause

Answer 22

3 Tests to satisfy actual causation:
1) “But for” - The result would not have occurred “but for” the D’s conduct
2) Substantial Factor - Multiple causes or parties were responsible, but the D’s act was a substantial factor in causing the criminal result
3) Acceleration - The D’s conduct speeds up an inevitable death, even if only briefly

Question 23

Proximate Cause

Answer 23

The resultant harm must be within the risk created by the D’s conduct in crimes involving negligence or recklessness, or sufficiently similar to that intended in crimes requiring intent. An intervening event that was unforeseeable will break proximate cause.

Question 24

Criminal Negligence

Mens Rea

Answer 24

Creates an unjustifiable risk without the subjective awareness that they are doing so, but a reasonable person would have been aware

Ex. The D did not realize the D created the risk, but should have, because a reasonable person in that situation would have.