Criminal Law: Elements of a Crime

What is the definition of 'actus reus' in criminal law?

Actus reus is the physical, voluntary act or unlawful omission that constitutes the physical element of a crime.

What does 'mens rea' refer to in the context of criminal law?

Mens rea refers to the 'guilty mind' or the culpable mental state required to commit a crime.

What is the principle of 'concurrence' in criminal law?

Concurrence is the requirement that the defendant's mens rea and actus reus must occur simultaneously to constitute a crime.

What are the four levels of culpability (mens rea) established by the Model Penal Code?

The four levels of culpability under the Model Penal Code are purposely, knowingly, recklessly, and negligently.

What is a strict liability crime?

A strict liability crime is an offense that requires no mens rea; the prosecution only needs to prove the defendant committed the actus reus.

What is the doctrine of transferred intent?

Transferred intent is a legal doctrine where a defendant's intent to harm one individual is transferred to the actual victim who was inadvertently harmed.

Under what five circumstances can an omission to act satisfy the actus reus requirement?

An omission satisfies actus reus when there is a statutory duty, a special relationship, a contractual duty, voluntary assumption of care, or when the defendant created the peril.

What did the Supreme Court hold regarding 'status crimes' in Robinson v. California?

In Robinson v. California, the Supreme Court held that criminalizing a person's status (such as being a drug addict) without a specific act violates the Eighth Amendment's ban on cruel and unusual punishment.

What is the difference between specific intent and general intent under the common law?

General intent requires only the intent to perform the physical act, whereas specific intent requires the intent to perform the act along with an intent to achieve a specific further consequence or result.

How does the Model Penal Code define acting 'purposely'?

Under the MPC, a person acts purposely when it is their conscious object to engage in conduct of that nature or to cause such a result.