1st Assessment

Question 1

Non Voluntary Acts

Answer 1

1) relfex convulsion
2) unconsciousness
3) hynosis
4) movements not of effort

Question 2

What must be proven for omission to be culpable?

Answer 2

Must prove omission caused the result

Question 3

Recklessly

Answer 3

Know of the substantial or unjustifiable Risk but do it anyway + the disregard is a gross deviation form the “reasonable man” standard

Question 4

Mens Rea

Answer 4

Guilty mind; criminal intent - culpability depends on what D is thinking

Question 5

Knowingly

Answer 5

Aware of the nature of conduct or conduct will cause result

Question 6

Purposely

Answer 6

Conscious effort to engage in the conduct or cause the result

Question 7

Negligently

Answer 7

Not aware of the risk the conduct causes even though should have & the disregard is a gross deviation form the “reasonable man” standard

Question 8

Actus Reus 2 Elements

Answer 8

1. Voluntary Act or Legal Omission (failure to act)
   ~that causes ~
2. Harm / “social harm”

Question 9

**Criminal Intent **

Answer 9

Actus Reus + Mens Rea (BOTH! Try to defeat or prove one or other or both !!! Test DOH !)

Question 10

Omission - Duties to Act

Answer 10

1. Status; mother / child
2. Contract; Lifeguard
3. Statute; File Taxes
4. Volunteered to assume car (and secluded person in a manner that renders others from giving aid

Question 11

4 Culpability Types

Answer 11

1. Purposely
2. Knowingly
3. Recklessly
4. Negligently

Question 12

Mistake of Fact

Answer 12

1) Ignorance of mistake must negate MR required for offense

2) State of mind established by ignorance must constitute defense

Question 13

Constructive Possession

Answer 13

Power of Dominion & Control AND Intent to Control an Item

Question 14

All elements of an act must be ___ ?

Answer 14

Voluntary

Question 15

Must have blameworthiness (MR) for _____ Element ?

Answer 15

Every Element

Question 16

Can a CEO be held criminally liable for strict liability crime?

Answer 16

Yes is the CEO is in a ‘responsible relationship’ to the harm

Question 17

Can CEO be held liable if ‘powerless”?

Answer 17

NO BUT very hard to prove

Question 18

Why is a car crash due to a heart attack not a criminal act?

Answer 18

Due to the requirement of VOLUNTARINESS OF ACTION as a conduct element in crim liability. In this case D did not chose to have a heart attack - This is an Involuntary Act

Question 19

What is a state of AUTOMATISM?

Answer 19

Where D has NO CONTROL over what they doing

Question 20

Billy is drowning. Stranger stands by. Legal duty?

Answer 20

NO– not brothers keeper / no duty to act

Question 21

Billy is drowning. Lifegaurd stands by. Legal duty?

Answer 21

Yes–by contract

Question 22

Billy is drowning. Stranger leaps in to save, others don’t because he did. Stranger changes his mind at last moment and swims back to shore. Legal duty?

Answer 22

YES 1. assumption of care 2. creation of peril

Question 23

AR Physical or external component

Answer 23

1. prohibited conduct,
2. prohibited result
3. attendant circumstances

Question 24

What if the statutes doesn’t say anything about fault?

Answer 24

A) strict liability B) Will read fault into the statute

Question 25

What are the factors to consider when deciding if a statute is strict liability or not?

Answer 25

• legislative history
• similar statutes
• how severe the punishment is
• defendant’s opportunity to figure out the true facts
• difficulty for prosecution of proving a mental state

Question 26

Is a reasonable mistake of age defense to statutory rape?

Answer 26

No because Age is a strict liability element of crime