Introduction and essential elements

Question 1

Generally, state has jurisdiction over a crime if

Answer 1

Any act constituting an element of the offense was committed in the state

An act outside the state caused a result in the state

If multiple states have jurisdiction over the crime, can be subject to punishment in both states

Question 1

Common law merger - felony and misdemeanor

Answer 1

At common law, if a person engaged in conduct constituting both a felony and a misdemeanor, they could be convicted only of the felony

The misdemeanor merged into the felony

Question 2

Modern law merger

Answer 2

Generally, no merger of crimes
- so can be convicted of both

But a person who solicits another to commit a crime may not be convicted of both solicitation and the completed crime if does complete it
- solicitation merges into conspiracy

And a person who completes a crime after attempting it cannot be convicted of both the attempt and the completed crime

But conspiracy does not merge with the completed offense
- so can be charged of both conspiracy and the completed offense

Question 3

MPC and inchoate crime

Answer 3

Under MPC, a defendant cannot be convicted of more than one inchoate crime - attempt, conspiracy, solicitation - when their conduct was designed to culminate in the commission of the same offense

Question 4

Essential elements of a crime

Answer 4

A crime almost always requires proof of
- physical act, acts reus
- mental state, mens rea
- a concurrence of the act and mental state

May also require proof of a result and causation - act caused the harmful result

Question 5

Physical act

Answer 5

Defendant must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act

Bodily movement

Question 6

Bodily movements that do not qualify for criminal liability

Answer 6

Conduct that is not the product of the person’s own volition

A reflective or convulsive act

An act performed while unconscious or asleep

Question 7

Omission as an act

Answer 7

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

Legal duty to act can arise from one of five circumstances

Question 8

Legal duty to act (5 circumstances)

Answer 8

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
- the defendant created the peril for the victim

Question 9

Defendant created the peril and legal duty

Answer 9

If created the peril and did not act, actus reus satisfied

Generally no good samaritan law but if create peril. must attempt to do something
- doesn’t require that they put themself in danger, but must do something

Question 10

Possession as an act

Answer 10

Defendant have control of the item for a long enough period to have an opportunity to terminate the possession

Can be constructive - doesn’t need to be proved when contraband in an area within the defendants communion and control

Question 11

Specific intent

Answer 11

A crime may require not only the doing of an act, but also the doing of it with a specific intent or objective

Specific intent cannot be conclusively imputed from the mere doing of the act, but the manner in which the crime was committed may provide circumstantial evidence of intent

Allow for additional defenses not available for other types of crimes
- voluntary intoxication
- unreasonable mistake of fact

11 major specific intent crimes - students can always fake a laugh, even for ridiculous bar facts

Question 12

Solicitation - intent

Answer 12

Specific intent crime

Intent to have the person solicited commit the crime

Question 13

Conspiracy - intent

Answer 13

Specific intent crime

Intent to have the crime completed

Question 14

Attempt - intent

Answer 14

Specific intent crime even if the underlying crime attempted is not
- common law murder requires the specific intent to kill

Intent to complete the crime

Question 15

First degree premeditated murder - intent

Answer 15

Specific intent crime

Premeditated intent to kill

Question 16

Larceny - intent

Answer 16

Specific intent crime

Intent to permanently deprive the other of their interest in the property taken

Question 17

Assault - intent

Answer 17

Specific intent crime

Intent to commit a battery

Question 18

Embezzlement - intent

Answer 18

Specific intent crime

Intent to defraud

Question 19

False pretenses - intent

Answer 19

Specific intent crime

Intent to defraud

Question 20

Robbery - intent

Answer 20

Specific intent crime

intent to permanently deprive the other of their interest in the property taken

Question 21

Burglary - intent

Answer 21

Specific intent crime

Intent to commit a felony in the dwelling

Question 22

Forgery - intent

Answer 22

Specific intent crime

Intent to defraud

Question 23

Malice

Answer 23

Common law murder and arson

Intent necessary for these malice crimes requires a reckless disregard of an obvious or high risk that the particular harmful result will occur

Question 24

General intent

Answer 24

Awareness of factors constituting crime - aware that they are acting in the proscribed way and that any required attendant circumstances exist - does not have to be certain that all circumstances exist - aware of high likelihood that they will occur General intent is the big catch-all - if not malice or specific, general - Just have to worry that everything other than the specific, specific intent crimes doesn't get the 2 other defenses Can infer the required general intent merely from the doing of the act

Question 25

Strict liability offense

Answer 25

Not required to have awareness of all of the factors constituting the crime Guilty from the mere fact that they committed the act Strict liability if - the crime is in the administrative, regulatory, or morality area, and - there are no adverbs like knowingly, willfully, or intentionally

Question 26

MPC categories

Answer 26

Purposely Knowingly Recklessly Negligently

Question 27

Purposely

Answer 27

Subjective standard Conscious object is to engage in certain conduct or cause a certain result

Question 28

Knowingly

Answer 28

With respect to the nature of their conduct, aware that their conduct is of a particular nature or that certain circumstances exist Aware of a high probability that they exist and deliberately avoid learning the truth Result of conduct, know that their conduct will necessarily or very likely cause a particular result

Question 29

Recklessly

Answer 29

Consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow Disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in that situation

Question 30

Negligence

Answer 30

Criminal negligence Only MPC with objective standard - very unreasonable risk Fail to be aware of a substantial and unjustifiable risk where such failure is a substantial deviation from the standard of care

Question 31

Transferred intent

Answer 31

Almost always gets tested with first degree murder Intend the harm that is actually caused but to a different victim or object applies to homicide, battery and arson - not attempt usually guilty of two crimes - completed crime against the actual victim and attempt against the intended victim

Question 32

Concurrence of mental fault with physical act

Answer 32

Intent necessary for the crime at the time they committed the act and intent prompted the act Ex: d driving to v's house to kill him, lack necessary concurrence for murder if accidentally runs v over before reaching the house

Question 33

Causation

Answer 33

Some crimes, like homicide, require result and causation When a crime is defined to require conduct and a specified result, def's conduct must be both cause in fact and proximate cause of specified result