Actus reus, mens rea, homicide grades, inchoate crimes, accomplice liability, and defenses.
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- What is actus reus?
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The guilty act element of a crime, requiring a physical or overt action- Can mere thoughts or mental states alone constitute actus reus?
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No, there must be a physical or overt act- What is the voluntary act requirement in criminal law?
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The defendant must have engaged in a volitional movement, not involuntary conduct- When can failure to act create criminal liability?
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When there is a legal duty to act and the defendant breaches it- Give three examples of legal duties that impose liability for omission.
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Parent-child duty, contractual duties, duty of care as a property owner- What is a status crime and why is it constitutionally problematic?
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A crime defined solely by status, such as vagrancy; it punishes condition rather than conduct- How does the Model Penal Code define a voluntary act?
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A conscious exercise of dominion over one's body or muscles resulting in external movement- Is sleepwalking a defense to a charge requiring actus reus?
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Yes, because the defendant lacks consciousness and voluntary control- What is the difference between reflex actions and voluntary acts?
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Reflex actions are involuntary responses; voluntary acts require conscious control- Can a status acquired through prior conduct be punished as a crime?
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Generally no, though some courts allow punishment if the conduct itself is recent- What are the four levels of mens rea from most to least culpable?
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Purpose (intent), Knowledge, Recklessness, Negligence- Define purpose or intent in criminal law.
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The defendant acts with the goal or objective of causing the result or engaging in conduct- What is the difference between knowledge and purpose?
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Knowledge means awareness of a high probability; purpose means the defendant's objective or goal- Define recklessness in criminal law.
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The defendant consciously disregards a substantial and unjustifiable risk of harm- How does criminal negligence differ from civil negligence?
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Criminal negligence requires gross or extreme departure from reasonable care; civil negligence is ordinary unreasonable conduct
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