Crim Law: Elements of a Crime Flashcards Preview

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Flashcards in Crim Law: Elements of a Crime Deck (22)
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1
Q

Actus Reus (AR)

A
  1. Physical or external component
  2. Voluntary Act
  3. Omission which violates a legal duty
2
Q

Legal Duty

A

a. Generally no legal duty
b. Legal duty may arise from:
1. Statute
2. Contract
3. Relationship
4. Assumption of Care
5. Creation of Peril.

3
Q

Physical or external component

A
  1. prohibited conduct,
  2. prohibited result
  3. attendant circumstances
4
Q

Wickham is drowning. Stranger stands by. Legal duty?

A

NO– not brothers keeper.

5
Q

Wickham is drowning. Lifegaurd stands by. Legal duty?

A

Yes–by contract

6
Q

Wickham is drowning. Stranger leaps in to save, others don’t because he did. Stranger changes his mind at last moment and swims back to shore. Legal duty?

A

YES

  1. assumption of care
  2. creation of peril
7
Q

Mens Rea (MR)

A

Mental or internal component of crime.
CL: Specific Intent (purpose), Malice (greater than gross recklessness), General Intent (greater than gross negligence), Strict liability
MPC: Purpose, knowledge, recklessness, negligence

8
Q

Specific Intent (Purpose)

A
  1. First Degree Murder
  2. Assault
  3. Inchoate offenses (solicitation, attempt, conspiracy)
  4. Property related offenses (larceny, embezz, false pretenses, robbery, burglary, forgery, etc)
9
Q

Malice (>/ Recklessness (gross))

A
  1. Murder
  2. Arson
  3. Malicious Mischief
10
Q

General Intent (>/ negligence (gross))

A
  1. Rape
  2. Battery
  3. Kidnapping
  4. CATCH-ALL – default
11
Q

Strict Liability (No MR)

A
  1. Statutory Rape

2. Public health and safety regulations (traffic, health, and sanitation codes)

12
Q

Model Penal Code: Purpose

A

Conscious object

ex. blowing up plane to kill spouse

13
Q

MPC: Knowledge

A

Awareness

ex. aware others on plane will die

14
Q

MPC: Recklessness

A

Gross Deviation from norm in consciously disregarding substantial and unjustifiable risk
ex. texting while driving

15
Q

MPC: Negligence

A

Gross Deviation from norm in failing to perceive substantial and unjustifiable risk
Ex. Teenager Texting while driving.

16
Q

Transferred Intent

A

RULE: Intent ot harm to particular individual or object transfers if instead causes SIMILAR harm to another person or object.

17
Q

Emma shoots Knightly with intent to kill. Misses him, hit and kills Mr. Woodhouse instead. Is there transferred intent? and What are the charges by each party?

A

Yes there is transferred intent.
K: Attempted murder
W: Murder

18
Q

Emma shoots Knightley with intent to kill. Misses him and wounds Mr. Woodhouse instead. Is there transferred intent? What are charges?

A

No transferred intent.
K: Attempted murder
W. Aggravated battery

19
Q

Emma shots Knightley with intent to kill. Goes through his body, killling him and then Mr. Woodhouse. TI? Charges?

A

No TI
K: Murder
W. Manslaughter to murder –depending on her mental state.

20
Q

Concurrence of AR and MR

A

RULE: MR for offense must exist SIMULTANEOUSLY with commission of offense.

21
Q

Harriet plits to kill Frank during hunting by shooting him. She does so. Is this first degree murder?

A

Yes, she planned and carried out simultaneously with that intent.

22
Q

Harriet plits to kill Frank during hunting by shooting him. On the way, she unknowingly runs over and kills him. Is this first degree murder?

A

NO because she did not have the intent coupled with act cuz she ran over him accidentally.