Criminal Law Principles

Question 1

Actus Reus Definition

Answer 1

The act required to commit a given crime.

• A required component of every common law crime, along with mesns rea

Question 2

To satisfy the actus reus requirement:

Answer 2

The D must perfrom a voluntary physical act, i.e. a voluntary bodily movement.

Question 3

Actus Reus

A failure to act can constitute actus reus if:

Answer 3

1. D had a specific legal duty to act;
2. D had knowledge of facts giving rise to the duty; and
3. It was reasonably possible for D to perfrom the duty

Question 4

Mens Rea Definition

Answer 4

The mental element required at the time a crime was committed.

• A required component of every common law law, along with actus reus

Question 5

Forms of Mens Rea

3

Answer 5

1. Specific Intent
2. General Intent
3. Malice

Question 6

Forms of Mens Rea

Specific Intent

Answer 6

D must have a specific intent or objective to commit the given crime.

• Specific intent must always be proven; never inferred.
• Mistake of fact and voluntary intoxication are available defenses

Question 7

Forms of Mens Rea

General Intent

Answer 7

D must be aware of his actions and any attendeant circumstacnes

• may be inferred from the act itself
• Most crimes are general intent crimes

Question 8

Forms of Mens Rea

Malice

Answer 8

D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected

• applies to arson and common law murder.

Question 9

Forms of Mens Rea

Strict Liability

Answer 9

No mens rea required

• No intent or awareness is required for strict libility crimes
• Arises with adminstrative, regulatory, or morality crimes.

Question 10

MPC

Purposely

(subjective standard)

Answer 10

A person acts purposely when his conscious objective is to engage in certain conduct or casuse a certain result.

Question 11

MPC

Knowingly

(subjective standard)

Answer 11

A person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likey cause a particular result.

Question 12

MPC

Recklessly

(subjective standard)

Answer 12

A person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregard it.

Question 13

MPC

Negligence

(objective)

Answer 13

A person acts negligently when he fails to become aware of a substantial and unjustifiable risk.

Question 14

Concurrence Requirment

Answer 14

D’s criinal act must occur concurrently with the requisite mens rea for the crime (i.e. mens rea and actus reus must exist simultaneously)

• E.g. D plans on murdering victim at her home – D is not guilty of murder if he accidentally runs over victim with his car before reaching her house.

Question 15

Causation Requirment Definition

Answer 15

D’s conduct must be both the cause-in-fact and the proximate cause fo the crime committed.

Question 16

Causation Requirment

Cause in Fact

Answer 16

But for D’s conduct, the result would not have occurred.

• For homicide and manslaughter, any act by D that hastens victim’s death is a cause-in-fact, even if death is already inevitable.

Question 17

Causation Requirment

Proximate Cause

Answer 17

The actual result is the natural and probable consequence of D’s conduct, even if it did not occur exaclty as exprected.

Question 18

Superseding factors _____ the chian of causation.

Answer 18

Break

Question 19

Intervening acts must be entirely _____ to shield D from liability.

Answer 19

unforeseeable

E.g. Victim’s refusal of medicical treatment, third-party medicial negligence – both are foreseeable and D is liable.

Question 20

Specific Intent Crimes

10

Answer 20

1. Attempt
   
   1. intent to complete the crime
2. Larceny & Robbery
   
   1. intent to permanently deprive
3. Forgery
   
   1. intent to defraud
4. False Pretenses
   
   1. intent to defraud
5. Embezzlement
   
   1. intent to defraud
6. Conspiracy
   
   1. intent to aid or encourage completion of the crime
7. Assault
   
   1. intent to commit battery
8. Burglary
   
   1. intent to commit a felony in another’s dwelling
9. First-degree Murder
   
   1. premeditation and/or deliberation
10. Solicitation
    
    1. intent to have solicitee commit the solicited crime

Question 21

Accomplice Definition

Answer 21

One who aids. encourages, or counsels, or counsels principals committing a crime, with the intent to encourage its commission.

Question 22

For acomplice liability, mere ____ at the crime is not enough, there must be some _____.

Answer 22

presence

assistance

Question 23

Accomplice Liability

Answer 23

Accomplice is liablee for the origional crime and other freseeable crimes committed by the principles in its furtherance.

Question 24

Defenses & Exceptions to Accomplice Liability

Withdrawl

Answer 24

D can effectively withdrawl before the crime is committed or becomes unstoppable.

• D must repudiate his encouragement and/or neutralize his initial aid.

Question 25

Defenses & Exceptions to Accomplice Liability Member of a Protected Class

Answer 25

Those protected by a criminal statute are not liable as accomplices. * E.g. Minor-victims in statutory rape cases are not liable as accomplices to statutory rape.

Question 26

Defenses & Exceptions to Accomplice Liability Parties not provided for in the statute

Answer 26

e.g. a purchaser of drugs cannot be an accomplice to the seller.

Question 27

Accessory after the fact

Answer 27

Different than accomplice liability. * involves helping someone escape or avoid apprehension. * gives rise to a seperate, lessor change of obstruction of justice.

Question 28

General Intent Crimes 4

Answer 28

1. Battery 2. Rape 3. Kidnapping 4. False Imprisonment

Question 29

Specific Intent Crimes 10

Answer 29

1. Attempt 2. Larceny & Robbery 3. Forgery 4. False pretenses 5. Embezzlement 6. Conspiracy 7. Assault 8. Berglary 9. First-Degree Murder 10. Solicitation

Question 30

Malice 2

Answer 30

1. Common law murder (malice aforethought ) 2. Arson

Question 31

Strict Liability 4

Answer 31

1. Statutory Rape 2. Regulatory crimes 3. Adminstrative crimes 4. Morality crimes (bigamy, polygamy)

Question 32

Transferred Intent Doctrine Definition

Answer 32

D may be held liable if he intends the harm causes, but causes it to a different victim or object than intended.

Question 33

Transferred intent often applies to \_\_\_, \_\_\_, and \_\_\_.

Answer 33

Homicide, battery, arson

Question 34

Transferred intent does not apply to \_\_\_.

Answer 34

Attempt

Question 35

Defenses and mitigating circumstances may also be transferred.

Answer 35

Ture

Question 36

What are the effects of the transfrred intent doctine?

Answer 36

D is usually charged with two crimes: 1. Attempt (to commit the origionally intended crime) 2. The actual resulting crime. e.g. D intends to shoot A, but kills B; D can be charged with the attempted murder of A and the actual murder of B **Merger does not apply because there are different victims.**

Question 37

Merger Definition

Answer 37

Merger concerns the relationship between either: * an inchoate offernse and its completed substantive offense; or * an offense and its lesser included offense

Question 38

When merger applies, the two offenses merge, prohibiting D from being prosecuted for ____ crimes.

Answer 38

Both

Question 39

Inchoate Offenses only apply to ____ and \_\_\_\_.

Answer 39

Soliitation and attempt

Question 40

Merger prevents D from being convicted of both solicitation/attempt and the ____ offense

Answer 40

Target ## Footnote e.g. D completes a berulary after attempting it; D cannot be convicted of both attempt and berglary

Question 41

Merger does not apply to \_\_\_\_\_\_.

Answer 41

Conspiracy * E.g. D can be convicted of conspiracy to commit a given crime and the crime itself.

Question 42

D cannot be convicted of a targer cime and a ____ \_\_\_ offene.

Answer 42

Lesser included

Question 43

A lesser included offense consists of the same but not all elements as the _____ crime.

Answer 43

Greater * E.g. D's robbery accomplice kills V during robbery; D can be convicted of felony murder but not the lesser included robbery offense.

Question 44

Crimes with different ____ never merger.

Answer 44

Victims