Elements of a Crime

Question 1

Situations in which failure to act may constitute a legal breach of duty (5)

Answer 1

1. Statute imposes duty
2. Certain relationship (familial)
3. Contractual duty
4. Voluntarily assumed care
5. Creates risk of harm

Question 2

Purpose

Answer 2

intends for particular result. Conscious objective to engage in the conduct or cause result

Question 3

Knowingly

Answer 3

Practically certain of results or aware of the nature of his conduct (no intent)

Question 4

Recklessly

Answer 4

type of knowledge. Has knowledge of risk, but takes it anyway

Question 5

Negligence

Answer 5

Doesn’t know acts create rsk, but should

Question 6

Specific Intent Crimes

Answer 6

First degree murder
Inchoate offenses (attempt, conspiracy)
Assault
Theft offenses

Question 7

What if mens rea not stated?

Answer 7

If mens rea doesn’t state culpable mind applicable to all material elements of the crime, then mens rea applicable to one material element is applicable to all