Crim Law: Elements of a Crime Flashcards Preview

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Flashcards in Crim Law: Elements of a Crime Deck (22)
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1

Actus Reus (AR)

1. Physical or external component
2. Voluntary Act
3. Omission which violates a legal duty

2

Legal Duty

a. Generally no legal duty
b. Legal duty may arise from:
1. Statute
2. Contract
3. Relationship
4. Assumption of Care
5. Creation of Peril.

3

Physical or external component

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

4

Wickham is drowning. Stranger stands by. Legal duty?

NO-- not brothers keeper.

5

Wickham is drowning. Lifegaurd stands by. Legal duty?

Yes--by contract

6

Wickham 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?

YES
1. assumption of care
2. creation of peril

7

Mens Rea (MR)

Mental or internal component of crime.
CL: Specific Intent (purpose), Malice (greater than gross recklessness), General Intent (greater than gross negligence), Strict liability
MPC: Purpose, knowledge, recklessness, negligence

8

Specific Intent (Purpose)

1. First Degree Murder
2. Assault
3. Inchoate offenses (solicitation, attempt, conspiracy)
4. Property related offenses (larceny, embezz, false pretenses, robbery, burglary, forgery, etc)

9

Malice (>/ Recklessness (gross))

1. Murder
2. Arson
3. Malicious Mischief

10

General Intent (>/ negligence (gross))

1. Rape
2. Battery
3. Kidnapping
4. CATCH-ALL -- default

11

Strict Liability (No MR)

1. Statutory Rape
2. Public health and safety regulations (traffic, health, and sanitation codes)

12

Model Penal Code: Purpose

Conscious object
ex. blowing up plane to kill spouse

13

MPC: Knowledge

Awareness
ex. aware others on plane will die

14

MPC: Recklessness

Gross Deviation from norm in consciously disregarding substantial and unjustifiable risk
ex. texting while driving

15

MPC: Negligence

Gross Deviation from norm in failing to perceive substantial and unjustifiable risk
Ex. Teenager Texting while driving.

16

Transferred Intent

RULE: Intent ot harm to particular individual or object transfers if instead causes SIMILAR harm to another person or object.

17

Emma shoots Knightly with intent to kill. Misses him, hit and kills Mr. Woodhouse instead. Is there transferred intent? and What are the charges by each party?

Yes there is transferred intent.
K: Attempted murder
W: Murder

18

Emma shoots Knightley with intent to kill. Misses him and wounds Mr. Woodhouse instead. Is there transferred intent? What are charges?

No transferred intent.
K: Attempted murder
W. Aggravated battery

19

Emma shots Knightley with intent to kill. Goes through his body, killling him and then Mr. Woodhouse. TI? Charges?

No TI
K: Murder
W. Manslaughter to murder --depending on her mental state.

20

Concurrence of AR and MR

RULE: MR for offense must exist SIMULTANEOUSLY with commission of offense.

21

Harriet plits to kill Frank during hunting by shooting him. She does so. Is this first degree murder?

Yes, she planned and carried out simultaneously with that intent.

22

Harriet plits to kill Frank during hunting by shooting him. On the way, she unknowingly runs over and kills him. Is this first degree murder?

NO because she did not have the intent coupled with act cuz she ran over him accidentally.