Actus Reus & Omissions
Mens Rea & Mental States
Specific & General Intent
Mistake of Fact & Mistakes of Law
Constitutional Limits & Strict Liability
100

The physical requirement of criminal liability consisting of a voluntary act or an omission where a legal duty exists that causes social harm

What is Actus Reus?

100

 Under the standard four mental states, this state exists when a person acts with a conscious desire to engage in conduct or cause a specific social harm

What is Purposely?


100

Battery, rape, kidnapping, arson, and DUI fall into this category because they require only the intent to perform the physical act itself

What are general intent crimes?

100

The general common law rule regarding mistake or ignorance of the law

What is "ignorance of the law is no excuse"?

100

In Robinson v. California, the Supreme Court held that states cannot punish a person for a condition or status, requiring proof of this instead

What is a voluntary act / conduct?


200

Police officers physically drag Dan out of his house onto a public sidewalk against his will and arrest him for being drunk in public. Under Martin v. State, Dan cannot be convicted because he lacked this element

What is a voluntary act?

200

A driver speeds through a crowded pedestrian zone at 80 mph. Though he does not consciously desire to hit anyone, he is aware of the risk and chooses to take it anyway. He acts with this mental state

What is Recklessly?

200

Burglary, theft, first-degree murder, attempt, and robbery belong to this intent category because they require an intent to achieve a further consequence

What are specific intent crimes?

200

To successfully defend against a general intent crime, a mistake of fact must meet these two criteria

What are honest AND reasonable?

200

Under Powell v. Texas, a state may criminalize the act of appearing drunk in public, but cannot constitutionally criminalize this underlying condition

What is being an alcoholic / status?

300

A passerby notices a stranger drowning in two feet of water and walks away without helping. The passerby is not criminally liable because this type of obligation creates no legal duty

What is a moral obligation?

300

An driver known to suffer from seizures has an episode behind the wheel and crashes into another car. Under State v. Decina, liability attaches because the voluntary act occurred at this point

What is earlier in the causal chain (choosing to drive aware of the risk)?

300

Unlawfully entering a dwelling at night with the further intent to commit a felony inside constitutes this specific intent crime

What is Burglary?

300

An unreasonable but honest mistake of fact can still successfully defend against this class of crimes

What are specific intent crimes?

300

Under Fridley, mistake of law is completely irrelevant as a defense to strict liability offenses because strict liability lacks this requirement

What is mens rea?

400

A mother fails to protect her daughter from harm caused by another person. Under Commonwealth v. Howard, her legal duty to act arose from this source

What is a status / special relationship?

400

Under Model Penal Code standards, a person acts with this mental state when a reasonable person would have perceived the risk, even if the defendant failed to do so

What is Negligently?


400

A defendant becomes heavily intoxicated at a party and takes someone else's coat thinking it is his own. Voluntary intoxication can serve as a defense here because the crime charged requires this intent level

What is a specific intent crime?

400

In Cheek v. United States, a taxpayer's genuine misunderstanding of tax obligations negated liability because the statute required proof of this element

What is willfulness / specific knowledge of the legal duty?

400

In Lambert v. California, due process barred a strict liability conviction for a passive omission because the defendant lacked notice and this opportunity

What is a reasonable opportunity to learn of / comply with the law?

500

A homeowner invites a guest inside, provides a spoon for drug use, and fails to seek medical help when he overdoses. Under People v. Oliver, a legal duty arose because the homeowner did this

What is created the risk?

500

Offenses such as traffic violations and statutory rape fall into this category because they require no proof of mens rea

What are strict liability offenses?


500

Name three defenses that can negate specific intent crimes but are unavailable for general intent crimes.

What are voluntary intoxication, unreasonable mistake of fact, and diminished capacity (or voluntary abandonment / legal impossibility)?

500

In People v. Marrero, a peace officer reasonably relied on his own reading of an ambiguous statute. His defense failed because it lacked this required exception

What is official reliance on an authoritative government source?

500

In Commonwealth v. Pestinikas, a legal duty to provide food and care for an elderly individual was created by this voluntary undertaking

What is a contract / contractual undertaking

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