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ESSENTIAL ELEMENT OF A CRIME: ELEMENT 1 - ACT OR OMISSION
- - Act can be any bodily movement with the exception of (1) conduct which is not the product of own volition, (2) a reflexive/convulsive act, (3) conduct performed while unconscious/asleep
- - Omission: Generally no duty to act or help 3rd person unless (1) by contract, (2) by statute, (3) relationship btw/parties, (4) voluntary assuming of duty ("I'll save him!"), (5) conduct created the peril.
ESSENTIAL ELEMENT OF A CRIME: ELEMENT 2 - MENTAL STATE FOR CRIMES AT COMMON LAW
- (1) Specific intent: (a) inchoate offenses (solicitation, attempt, conspiracy), (b) 1st degree murder, (c) assault, (d) common law felonies against property (larceny, embezzlement, false pretenses, robbery, burglary, forgery)
- (2) Malice: Reckless disregard of obvious or high risk proscribed harm will occur
- (3) General Intent: Awareness of factors constituting a crime (catch-all)
- (4) Strict Liability
ESSENTIAL ELEMENT OF A CRIME: ELEMENT 2 MENS REA UNDER MPC
- (1) Purposefully: Conscious choice to engage in certain conduct or cause certain result (specific intent)
- (2) Knowingly/Willfully: Aware conduct is substantially likely to cause certain result
- (3) Recklessly: Knows of substantial/unjustifiable risk and conscious disregard
- (4) Negligence: Fails to be aware of substantial/unjustifiable risk where such failure is a substantial deviation from the standard of care of a reasonable person.
ESSENTIAL ELEMENTS OF A CRIME: CAUSATION
- - Actual Causation: A D is an actual cause if the bad result would not have happened "BUT FOR" D's conduct. NOTE - An accelerating cause is an actual cause
- - Proximate Causation: A D is a proximate cause if the bad result is a natural and probable cause of D's conduct. Consider foreseeability and fairness.
- - Egg-shell Doctrine applies
ESSENTIAL ELEMENTS OF A CRIME: CONCURRENCE
- - The D must have the mental state at the same time he engages in the act.
- - Issues arise most frequently in larceny and burglary
- - Accomplices are liable for the crime of the principal and all other foreseeable crimes if (1) given aid, counsel or encouragement, and (2) w/intent to aid or encourage principal in commission of crime charged.
- - Sale of goods to help a crime, even with knowledge, generally insufficient unless sufficient stake (procuring illegal item or selling at higher price bc/of knowledge of crime)
INCHOATE OFFENSES: SOLICITATION
- (1) Act of inciting/counseling.advising/urging/commanding another to commit a crime with (b) specific intent that person solicited commits the crime
CRIMES AGAINST THE PERSON: BATTERY
- - The (1) unlawful (2) application of force to another, (3) resulting in either bodily injury or offensive touching
- - General intent
CRIMES AGAINST THE PERSON: ASSAULT
- (1) Version 1 - Attempted battery (i.e. swing and miss)
- (2) Version 2 - The (1) intentional creation (2) other than by mere words (3) of a reasonable apprehension in the mind of the victim (4) of imminent bodily harm (i.e. fake punch)
- (3) Specific intent required.
CRIMES AGAINST THE PERSON: AGGRAVATED ASSAULT AND BATTERY
- Many states up the punishment if weapon is used, victim is child/elderly/handicapped/vulnerable, or if there was intent to commit robbery or rape.
CRIMES AGAINST THE PERSON: NY 2nd DEGREE ASSAULT
- - Intentionally causing serious physical injury
- - Weapon ups degree, take away injury lowers degree
- - No separate battery crime. All versions of assault require some kind of injury.
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