Essential Elements/Mental State Reqs. Flashcards
(26 cards)
What are the four core elements required to prove a crime?
- Physical Act (actus reus)
- Mental State (mens rea)
- Causation
- Concurrence
Each of these elements must be established for a crime to be proven.
What is meant by ‘Physical Act’ in the context of crime?
The defendant must have performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act.
A failure to act can lead to liability only if there is a legal duty to act, the defendant knows the facts giving rise to the duty, and it is reasonably possible to perform the duty.
Define ‘Mental State’ as it relates to crime.
The defendant must have committed the offense with a culpable state of mind, although knowledge of the illegality of the conduct is not required.
This is also referred to as mens rea.
What does ‘Causation’ refer to in criminal law?
There must be a causal connection between the defendant’s physical act or failure to act and the harmful result.
This establishes the link between the act and the outcome.
What is ‘Concurrence’ in the context of a crime?
The requisite mental state must be present at the same time the physical act constituting the crime occurs.
What are the four different mental states required under common law?
- Specific Intent
- Malice
- General Intent
- Strict Liability
Each mental state corresponds to different types of crimes.
What is ‘Specific Intent’?
It requires that the crime be committed with a specific intent or objective, which cannot be conclusively imputed from the mere act itself.
Examples include solicitation, attempt, conspiracy, and first-degree murder.
List some crimes that fall under ‘Malice’.
- Common Law Murder
- Arson
Malice involves a reckless disregard for a high risk of causing harm.
What does ‘General Intent’ encompass?
General intent is a catch-all category requiring the defendant to intend to commit an act prohibited by law, regardless of the intent for the act’s result.
Crimes include battery, rape, manslaughter, kidnapping, and false imprisonment.
What is ‘Strict Liability’?
Strict liability requires that the defendant voluntarily commit the actus reus, regardless of intent.
Defenses that negate state of mind are not applicable.
What are examples of ‘Strict Liability’ offenses?
- Statutory Rape
- Selling Liquor to Minors
- Bigamy (in some jurisdictions)
These offenses do not consider the defendant’s intent.
How does the Model Penal Code categorize intent?
- Purposely
- Knowingly or Willfully
- Recklessly
- Negligently
This framework simplifies the common law distinctions between general and specific intent.
What does it mean to act ‘Purposely’ under the Model Penal Code?
A defendant acts ‘purposely’ when his conscious objective is to engage in the conduct or to cause a certain result.
Define ‘Recklessly’ according to the Model Penal Code.
A defendant acts ‘recklessly’ when he consciously disregards a substantial and unjustifiable risk that a material element of a crime will exist or result from his conduct.
What does ‘Negligently’ imply in the context of criminal intent?
A defendant acts ‘negligently’ when he fails to perceive a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct.
What is required for a crime to be classified as having specific intent?
The crime must be committed with a specific intent or objective
Specific intent cannot be conclusively inferred from merely committing the act; the manner of commission may provide evidence.
What is the specific intent required for solicitation?
Intent to have the person solicited commit the crime
Solicitation involves encouraging another to commit a crime.
What is the specific intent required for an attempt?
Intent to complete the crime
Attempt involves taking substantial steps towards committing a crime.
What is the specific intent required for conspiracy?
Intent to have the crime completed
Conspiracy requires an agreement between two or more parties to commit a crime.
What is the specific intent required for first degree murder?
Premeditated intent to kill
First degree murder involves planning the act before executing it.
What is the specific intent required for assault?
intent to commit a battery OR to create apprehension of an imminent harmful or offensive contact.
What is the specific intent required for larceny and robbery?
Intent to permanently deprive another of his interest in the property taken
Larceny involves unlawfully taking someone else’s property with the intent to keep it.
What is the specific intent required for burglary?
Intent to commit a felony in the dwelling
Burglary typically involves unlawful entry into a structure with the intent to commit a crime.
What is the specific intent required for forgery?
Intent to defraud
Forgery involves falsifying documents or signatures with the intent to deceive.
