1. General Principles Flashcards
What is a felony?
Crime punishable by death OR by imprisonment for more than one year.
Common Law Felonies include burglary, arson, robbery, rape, kidnapping, larceny, murder, manslaughter, and mayhem.
What is a misdemeanor?
Crime punishable by imprisonment for no more than one year OR by a fine only.
Define malum prohibitum.
Criminal conduct that is wrongful only because it violates a statute (e.g., illegal drug use, driving without a license).
Define malum in se.
Criminal conduct that is deemed to be inherently wrongful (e.g., murder, rape, robbery).
List the five classification schemes based on intent.
- Specific intent crime
- General intent crime
- Criminal negligence
- Strict liability crime
- Malice crime
What is a specific intent crime?
A crime in which the defendant’s guilt requires proof that they intended to bring about a specifically prohibited harm.
List examples of specific intent crimes.
- Assault
- Attempt
- Burglary
- Conspiracy
- Embezzlement
- False pretenses
- Forgery
- Intent-to-kill murder
- Larceny
- Larceny by trick
- Robbery
- Solicitation
- Voluntary manslaughter
What defines a general intent crime?
A crime in which the defendant’s guilt requires proof of committing a criminal act while possessing a generally bad state of mind.
What is meant by ‘generally bad state of mind’?
A person can possess this state when a criminal act is reckless or criminally negligent, or when they intentionally commit a criminal act without intending specific harm.
List examples of general intent crimes.
- Battery
- Depraved-heart murder
- False imprisonment
- Involuntary manslaughter
- Kidnapping
- Rape
Define criminal negligence.
Negligence that causes a greater risk of harm than ordinary negligence, occurring when the defendant is consciously aware of the risk.
What is a strict liability crime?
A crime in which the defendant’s guilt requires proof ONLY that they voluntarily engaged in prohibited conduct.
List examples of strict liability crimes.
- Regulatory offenses (e.g., traffic violations)
- Public welfare offenses (e.g., selling alcohol to minors)
- Morality crimes (e.g., statutory rape)
Define malice crimes.
A crime in which the defendant acts intentionally or with reckless disregard of an obvious risk that a harmful result will occur.
List examples of malice crimes.
- Arson
- Common law murder
What is the defense of mistake of fact?
Mistake of fact may be a defense only if it negates the state of mind required for the crime.
For malice and general intent crimes, there is an extra requirement that the mistake of fact must be reasonable (i.e., the type of mistake that a reasonable person would have made under the circumstances).
What is actus reus?
The guilty act, which must be a voluntary conscious act causing an unlawful result or an omission when there is a legal duty to act.
What constitutes a voluntary conscious act?
Acts that are habitual but done unconsciously are considered conscious and voluntary.
List situations that create a legal duty to act.
- By statute (e.g., failure to file a tax return)
- By contract (e.g., lifeguard’s duty)
- Based on relationship (e.g., parent for child)
- Voluntary undertaking (e.g., abandoning a rescue)
- Creating a risk of peril
NO ACTUS REUS:
-Involuntary Acts that are reflexive, convulsive, or performed while unconscious
-bad thoughts, unaccompanied by action.
What is vicarious liability for actus reus?
A prosecutor may satisfy the actus reus element by showing the defendant was responsible for the criminal acts of another party.
What is mens rea?
The guilty mind, which must be shown concurrent with the guilty act, except for strict liability crimes.
List the six types of mens rea.
- Purposely
- Knowingly
- Intentionally
- Willfully
- Recklessly
- Criminally negligent
Define purposely mens rea.
A person acts purposely when they have a conscious motivation or desire to bring about a specific result.
