Elements of a Crime

Question 1

crime

Answer 1

actus reus + mens rea+ causation = crime

Question 2

actus reus

Answer 2

physical part of the crime; act that caused the harm

volitional act: must be a willed muscular action

generally no duty to act
(exceptions for 1. special relationships, 2. duty imposed by contract 3. statutorily created duties 4. whena person creates a risk of harm to another)

Question 3

result crime

Answer 3

tangible harm like murder (most crimes)

Question 4

conduct crime

Answer 4

social harm doesnt always have tangible result

DUI

Question 5

attendant circumstance

Answer 5

fact or condition that exists at the time of conduct or result

Question 6

mens rea

Answer 6

guilty mind: intent/mental state of actor when committing the social harm

Question 7

Purposely (mr)

Answer 7

actors CONCIOUS OBJECT to cause the result or perform the act

Question 8

knowingly

Answer 8

actor is aware that the result is VIRTUALLY CERTAIN to occur for result crime and aware of conduct for conduct crime

Question 9

intentional acts

Answer 9

purposely and knowingly

Question 10

recklessly

Answer 10

actor conciously takes a SUBSTANTIAL AND UNJUSTIFIABLE RISK in causing a particular result

Question 11

negligently

Answer 11

actor inadvertently creates a substantial and unjustifable risk for which he OUGHT TO BE AWARE

• gross deviation from standard of care
• higher degree of negligence than in civil context

Question 12

knowingly and willful blindness doctrine

Answer 12

willful blindness is a mechanism to impute knwoledge to defendant who is deliberately shielding himself from knowledge of an attendant circumstance

• D must subjectively believe there is a high probability that the fact exists and
• must take deliberate actions to avoid learning of the fact

Question 13

strict liability offenses

Answer 13

only actus reus needs to be satisfied–> public welfare offenses: environmental violations , food and drug fvilations, traffic offenses and statutory rape

malum prohibitum- conduct that is not necessarily morally wrong but could impact health and safety

Question 14

specific intent crimes

Answer 14

require special mental element in addition to mental state required for the crime
-knowingly in possession of drug WITH INTENT TO DISTRIBUTE

Question 15

General intent crimes

Answer 15

only have one mental state and it relates solely to the social harm of the crime
batttery

Question 16

actual causation

Answer 16

factual causation
but for test- but for the defendants voluntary act or omission, would hte social harm have occurred when it did? if yes, defendant is not hte but for cause

Question 17

proximate causation

Answer 17

intervening act of causal significance occurs after Ds voluntary act but before any social harm occurs
- third party
act of nature
act or omission to act of victim

Question 18

prox causation tests: commmon law

Answer 18

foreseeability (responsive v coincidental acts)

apparent safety

free deliberate informed human intervention test

intended consequences

Question 19

responsive intervening act (foreseeability)

Answer 19

act is response to situation D created (actions of civim, actions of bystander, actions of medical personal)

presumptively foreseeble

Question 20

coincidental act

Answer 20

d places victim in a place wehre it is possible she could be acted on by intervening act

presumptively unforeseeable = not criminally liable

Question 21

apparent safety doctrine

Answer 21

has thevictim reached a point of apparent safety

if so, intiatl wrong doer is relieved from criminal responsibility

Question 22

free deliberate informed human intervention test

Answer 22

decision making on the part of the victim- free will

Question 23

intended consequences test

Answer 23

looking backwards from social harm until a jury finds an actor with the intent to cause harm

Question 24

MPC PROX CAUSE

Answer 24

DOES NOT USE PC
concept tied to culpability

instead asks if events are “too remote” or too accidental