Requirements of a Crime

Purposes of Punishment

100

person is dangerous and needs to be kept of the street

restraint

200

criminal needs to serve time for what was done

retribution

300

person needs help before reintegrating with society

rehabilitation

400

members of society wont commit the crime if they see this criminal punished

general deterrence

500

this specific person won't commit the crime again if punished

specific deterrence

Voluntary Act Requirement

100

Actus reus can be satisfied by what

voluntary act

voluntary possession or 

omission

200

possession is voluntary if the person

knowingly obtains or receives the thing OR

is aware of control for sufficient time to terminate control

300

when does an omission satisfy actus reus

when the law imposes a duty to act on that person

400

what are the sources of a duty to act?

statutory duty

status relationship

contractual relationship

created the risk

prevent others from rendering aid

500

What is a complete defense when an actor appears to be committing a voluntary act?

automatism/unconsciousness defense 

Actor is making what seems like conscious decisions but they are not aware of what they are doing

Mens Rea

100

Four types of mens rea

• Intentional (“Purposely” in MPC §2.02(a))
• Knowing
• Reckless
• Criminal Negligence

200

Definition of intentional

• Actor has conscious objective or desire
• To engage in the conduct or cause the result

300

definition of knowing

• Actor is aware of the nature of his conduct or that circumstances exist
• Actor is aware his conduct is reasonably certain to cause the result

400

defintion of reckless

• Actor IS aware of substantial and unjustified risk
• Actor consciously disregards that risk
• Disregarding the risk is a gross deviation from what a reasonable person would do (objective standard)

500

definition of criminal negligence 

• Actor SHOULD BE aware of a substantial and unjustified risk
• Failure to perceive the risk is a gross deviation from what a reasonable person would do (objective standard)

Mens Rea Defenses

100

Does Texas recognize intoxication defense?

no

200

common law intoxication defense 

yes for specific intent

no for general intent

300

MPC intoxication defense 

yes if it negates an element

no for recklessness crimes

400

mistake of fact defense

• Actor’s mistaken belief
• About a matter of fact
• Negates the Mens Rea of the crime
• And the belief is Reasonable (an objective standard)

500

mistake of law defense

• Actor reasonably believed it was not a crime (objective standard) AND
• Actor reasonably relied on (another objective standard)
• --- Written official statement of law from an administrative agency whose responsibility is to interpret the law OR
• --- Written interpretation of the law in a court opinion or by a public official whose responsibility is to interpret the law

Random

100

is ignorance of the law a defense?

no

200

concurrent causes - an actor did not cause the result only if what?

• Concurrent cause is CLEARLY SUFFICIENT to produce the result, AND
• Actor’s conduct is CLEARLY INSUFFICIENT to produce the result

300

can intent be transferred?

yes, person to person (property) or crime to crime

400

what is the mens rea for strict liability?

none

500

what is the difference between specific intent and general intent?

General – defendant need only intend the act

Specific Intent – defendant intends the act(s) for a specific result or purpose