1. Elements of Crime Flashcards Preview

MBE - Criminal Law > 1. Elements of Crime > Flashcards

Flashcards in 1. Elements of Crime Deck (22):
1

For criminal liability to attach to a physical act, the act must be what?

Voluntary

2

What three things are required for criminal liability to attach to an omission?

1. Legal duty to act

2. Knowledge of the duty

3. Ability to help

3

What are the three common law mental states?

1. Specific intent

2. Malice

3. General intent

4

What type of offences require no intent?

Strict liability offences

5

What is the definition of specific intent?

Intent to achieve a specific result

6

What are the two special defences to specific intent crimes? How come?

1. Voluntary intoxication

2. Unreasonable mistake of fact

Because they negate the specificity requirement of the intent

7

What is the definition of malice?

Acting intentionally or with reckless disregard of an obvious or known risk

8

What is general intent?

General awareness of factors constituting the crime

9

What are the four mental states under the Model Penal Code?

1. Purpose

2. Knowledge

3. Recklessness

4. Negligence

10

Under the Model Penal Code, what is purpose?

Conscious desire to achieve a result

11

Under the Model Penal Code, what is knowledge?

D knows that it is practically certain that his conduct will cause a result

12

Under the Model Penal Code, what is recklessness?

Aware of a risk which is disregarded

13

Under the Model Penal Code, what is negligence?

Should have been aware of a risk

14

What are the two types of causation needed?

1. Actual causation

2. Proximate/legal causation

15

What is actual causation?

The bad result would not have happened but for D's conduct

16

What is an accelerating cause and is it sufficient for actual causation?

A cause which speeds up a result is an actual cause

17

What is proximate/legal causation?

Bad result is natural and probable consequence of D's conduct

18

What one thing will defeat proximate causation?

An unforeseeable intervening event which causes the result

19

What one thing will not defeat proximate causation?

The victim's eggshell skull

20

What are the two malice crimes?

1. Murder (other than murder 1)

2. Arson

21

What are the four general intent crimes?

1. Battery

2. Rape

3. False imprisonment

4. Kidnapping

22

What are the specific intent crimes?

Everything else not listed as a malice or general intent crime