General Principles

Question 1

Actus reus

Answer 1

The unlawful act. Must be conscious and voluntary act - reflexes, sleepwalking, etc can’t underlie crimes.

Duress, etc is still voluntary - may mitigate, but can still ground a crime

Question 2

Omissions - 5 categories

Answer 2

Statutory duty to act
Contract duty to act
Status relationship (spouse?)
Rescue in progress
You created the danger

Question 3

Mens rea

Answer 3

“Guilty mind”. Requisite mental state

Question 4

Types of mens rea - “big 4”

Answer 4

“Purposefully”: had conscious objective to produce result
“Knowingly”: knew with nearly absolute certainty that result would occur
“Recklessly”: aware of unjustifiable risk of result
Criminal “negligence”: created unjustifiable risk, but not aware of it - but reasonable person would have been aware of risk

“Intentional” - purposeful or knowing
“Willful” - intentional but with criminal intent/moral turpitude

Question 5

Types of intent - 3

Answer 5

General intent: proof of intent to DO PROHIBITED ACT (mistake of fact no defense unless reasonable)

Specific intent: proof of intent to create PROHIBITED HARM (mistake of fact is a defense)

Strict liability: no mens rea element at all

Question 6

Transferred intent

Answer 6

If DFT intends criminal result against one party but another party is harmed instead, intent can be transferred to actual victim

“Old” intent doesn’t “expire” - still liable of attempt on intended victim as well

Question 7

Concurrence

Answer 7

mens rea and actus reus must be RELATED - this is concurrence. Prosecutor must prove that intent caused action

e.g. burglary is b&e with intent to commit felony. if you b&e to avoid storm, then decide to commit felony, no concurrence

Question 8

Causation

Answer 8

Conduct must be both ACTUAL and PROXIMATE cause of result

Question 9

Actual cause - 3 types

Answer 9

“but-for” test - essential link in chain of causation

“substantial factor” test - if multiple causes, DFT act must be a substantial factor

“acceleration” test - speeds up inevitable DEATH

Question 10

Proximate cause

Answer 10

Is it actually DFT’s fault? Unforeseeable intervening events usually sever proximate cause

Simple negligence by others is foreseeable. Gross negligence or recklessness is not

Special sensitivity of victim is foreseeable