10 Content

Question 1

2 Criminal Law must prove BOTH

Answer 1

1. Actus reus - guilty act, all parts

2. Mens rea - guilty mind

Question 2

3 Actus reus types

Answer 2

1. Conduct crime
2. Result crime
3. Omission doesn’t count, unless positive duty to act

Question 3

Mens rea types 3UK 4US

Answer 3

UK

1. Intention
2. Recklessness
3. Negligence

USA

1. Intention
2. Knowledge
3. Recklessness
4. Negligence

Question 4

2 Intent forms

Answer 4

Direct intent - ex. Murder

Oblique intent - ex. Man slaughter

Question 5

Recklessness vs Negligence test

Answer 5

Recklessness uses subjective test
Negligence uses (gross) objective test,

Question 6

Basic vs Specific intent

Answer 6

basic = mens rea of intent or reckless
specific = mens rea of intent

Question 7

Strict Liability must only prove

determined through

Answer 7

actus reus, not mens rea
vicarious liability (employer)

Question 8

Strict Liability crimes are mostly

Answer 8

statutory offences (ex. bad food, pollution)

Question 9

(UK) Companies can use strict liability if

Exception is

Answer 9

doctrine of identification
one senior individual to be seen as guiding mind

Exception is Corporate manslaughter

Question 10

(US) crimes requiring mens rea FEDERAL LEVEL

Answer 10

doctrine respondeat superior - any agents act is liable, regardless of rank

doctrine of collective knowledge - mens rea and actus reus can be taken from multiple people

Question 11

(US) crimes requiring mens rea STATE LEVEL

Answer 11

Relevant if Model Penal Code is used

If so, senior officers have to be involved

Question 12

Employee as defendant

Employee not Employer if

Answer 12

Employee if

• Agent of company, but show wilful or reckless disregard
• Not agent, private individual benefit (insider trading)

Question 13

Offences against murder UK/US

Answer 13

UK
Actus reus: unlawful killing of a human being under the Queen’s peace
Mens rea: with intent to kill or cause gbh resulting in death.

USA Model Penal Code:
Actus reus: cause death or serious bodily injury resulting in death.
Mens rea: purposely or knowingly

Question 14

2 Involuntary Manslaughter types

one of them 3 needed to show

Answer 14

Constructive manslaughter - wanted to commit smaller crime, but killed

Gross negligence manslaughter - lawful act carried out badly must show

• duty of care
• breach that cuaused
• dmg from it

Question 15

Doctrine of Identification was harder to prove with bigger companies, so=

Answer 15

Corporate Manslaughter Act, must only show gross misconduct of general management failure (aggregation test)

Question 16

Corporate manslaughter only applies to organisations, individuals can still be prosecuted under

Answer 16

the crime of gross negligence manslaughter

Question 17

2 Types of offences against property

Answer 17

Offences that require fraud (accounting)

Offences that don’t require fraud (theft)

Question 18

4 examples of non-fraudulent offences

Answer 18

1. Theft
2. Burglary
3. Blackmail
4. Criminal DMG

Question 19

UK vs US fraudulent property offences

Answer 19

UK - UK Fraud act 2006, 3 ways

• false representation
• failing to disclose information
• abuse of position

USA - depends if state uses MPC

Question 20

Embezzlement vs False Pretences

Answer 20

Embezzlement - stealing something AFTER being entrusted with something

False Pretenses - stealing on false pretences

Question 21

Commercial bribery

Answer 21

bribes are offered and accepted by those in the private sector

Question 22

UK Bribery act, commercial organisation must

Answer 22

The commercial organisation must be able to show that adequate procedures were in place to prevent bribery.

Question 23

Actus Reus for Omission

Answer 23

doesn’t count, unless positive duty to act