Essential Elements of a Crime Flashcards
A crime almost always requires proof of:
physical act, mental state, concurrence of the act and mental state.
The failure to act gives rise to liability only if:
There is a legal duty to act
the defendant has knowledge of the facts giving rise to the duty to act; and
it is reasonably possible to perform the duty.
a legal duty to act can arise from one of five circumstances:
- by statute
- by contract
- the relationship between the parties
- the voluntary assumption of care by the defendant for the victim
- defendant created the peril of the victim.
specific-intent crime
A crime that requires not only the doing of an act, but also the doing of the act with specific intent or objective.
Major Specific intent crimes
Students Can Always Fake A Laugh, Even for Ridiculous Bar Facts
Solicitation, Conspiracy, Attempt, First degree premeditated murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery
What is the intent necessary for malice crimes?
Malice crimes (common law murder and arson) require a reckless disregard of an obvious or high risk that the particular harmful result will occur.
Defenses to specific intent crimes (such as voluntary intoxication) do not apply to malice crimes.
What does general intent mean?
The D has an awareness of all factors constituting the crime.
What are the MPC Fault Standards?
Purposefully,
Knowingly,
Recklessly,
Negligently.
purposefully
the conscious purpose to engage in proscribed conduct. A subjective standard
knowingly
Awareness that conduct is of a particular nature or will cause a particular result. Subjective.
Recklessly
Consciously disregarding a substantial and unjustifiable risk. Subjective and objective.
Negligently
Failure to be aware of a substantial and unjustifiable risk. Objective.
What is the doctrine of transferred intent?
Defendant can be liable when they intent the harm that is caused, but it a different victim or object. Applies to homicide, battery, and arson NOT attempt.
