Mental States
What is the mens rea required for general intent crimes? (2 Elements)
A voluntary act plus awareness of the act’s circumstances.
What is the term for the physical action required to commit a crime?
Actus reus.
What are the elements of murder? (Rule Statement)
Unlawful killing of a human being with malice aforethought.
What is the primary distinction between murder and manslaughter?
Manslaughter lacks malice aforethought.
What are the elements of battery?
(1) Unlawful application of force, (2) to another person, (3) that causes bodily harm or offensive contact.
What are the four levels of mens rea under the Model Penal Code (MPC)?
Purpose, knowledge, recklessness, and negligence.
What are the two types of actus reus?
Voluntary acts and omissions when there is a legal duty.
What are the four types of malice aforethought? (Types of Murder)
Intent to kill, intent to cause serious bodily harm, depraved heart, felony murder.
What are the two main types of manslaughter?
Voluntary and involuntary manslaughter.
What are the elements of assault?
An attempted battery or placing someone in reasonable apprehension of imminent harm.
What is the legal doctrine where a defendant intends to harm one person but instead harms another?
Transferred intent.
What is required for an omission to be considered criminal?
A legal duty to act.
What is the difference between first-degree and second-degree murder?
First-degree murder requires premeditation and deliberation.
What is voluntary manslaughter?
A killing committed in the heat of passion after adequate provocation.
What is the difference between battery and assault?
Battery requires actual contact; assault does not.
What is the mental state required for strict liability crimes?
No mens rea is required.
What are the five legal duties that can make an omission criminal?
Statute, contract, special relationship, voluntary assumption, and creation of peril.
What is depraved heart murder?
Killing with extreme recklessness showing a disregard for human life.
What are the four requirements for adequate provocation in voluntary manslaughter?
(1) Provocation must be adequate; (2) the killing must have occurred in the heat of passion; (3) there must have been no time to cool off; and (4) the defendant must not have cooled off.
What is aggravated assault?
Assault with intent to cause serious bodily harm, use of a deadly weapon, or on a protected class of victims (e.g., police officers).
What is the distinction between general intent and specific intent crimes?
General intent only requires the intent to do the act, whereas specific intent requires an additional mental state or objective
What is the actus reus requirement for possession crimes?
Actual or constructive possession with knowledge of the item’s presence.
What is felony murder?
A killing that occurs during the commission or attempted commission of a felony.
What is involuntary manslaughter?
A killing resulting from criminal negligence or during an unlawful act not qualifying for felony murder.
What is aggravated battery?
Battery that causes serious bodily injury, involves a deadly weapon, or is committed against a protected victim.
Under common law, what mens rea is required for larceny?
Specific intent to permanently deprive the owner of property.
What is an example of an involuntary act that would not satisfy actus reus?
Reflexive action, convulsions, or movements during unconsciousness.
What is the agency theory in felony murder?
The killing must be committed by the felon or an accomplice.
What is criminal negligence manslaughter?
A killing caused by a gross deviation from the reasonable standard of care.
What is the difference between assault and attempted battery?
Attempted battery assault requires intent to cause harm, whereas reasonable apprehension assault requires the victim to fear imminent harm.
What is the Model Penal Code’s definition of “recklessness”?
Conscious disregard of a substantial and unjustifiable risk.
What is "constructive possession"?
When a person has dominion and control over an item without actual possession.
What is the proximate cause theory in felony murder?
Any death caused during a felony can result in liability.
What is the misdemeanor-manslaughter rule?
A death caused during the commission of a misdemeanor or non-dangerous felony.
What is mayhem?
The malicious dismemberment or disablement of a body part.
What is the difference between knowledge and recklessness under the MPC?
Knowledge requires awareness that harm is practically certain; recklessness requires conscious disregard of a substantial risk.
What is the Model Penal Code’s requirement for voluntary acts?
The act must not be reflexive, unconscious, or otherwise involuntary.
What is the merger doctrine in felony murder?
The underlying felony must be independent of the killing.
What is "imperfect self-defense" and how does it apply to homicide?
If a defendant honestly but unreasonably believes they need to use deadly force, the killing is reduced from murder to voluntary manslaughter.
What is an example of an intentional tort that can also be a criminal assault?
Throwing a rock at someone and missing—intentional tort of assault and criminal attempt to commit battery.
What is "willful blindness," and how does it satisfy mens rea?
When a defendant deliberately avoids knowledge of a fact, courts may infer knowledge.
What is the requirement for concurrence in criminal law?
The mens rea and actus reus must coincide.
What is the "year and a day" rule?
A death must occur within a year and a day of the act.
What is vehicular manslaughter?
A death caused by criminally negligent driving.
What is the doctrine of "merger" in the context of battery?
A lesser battery merges into a more serious offense when both arise from the same conduct.
What mental state is required for felony murder under the MPC?
Recklessness under circumstances manifesting extreme indifference to human life.
What does the term "causation" mean in criminal law?
The defendant’s act must be both the actual and proximate cause of the result.
What does premeditation require for first-degree murder?
The defendant had time to reflect and planned the killing.
What is negligent homicide under the Model Penal Code?
A death caused by gross negligence, where the defendant should have been aware of a substantial and unjustifiable risk.
What is an example of an assault that is NOT an attempted battery?
Pointing a gun at someone who believes it is loaded, even if the defendant knows it is not.
What is the mental state required for conspiracy?
Specific intent to agree and to commit the target crime.
What is the difference between actual and proximate cause?
Actual cause is the "but-for" test, while proximate cause is about foreseeability.
What is the felony-murder rule’s “inherently dangerous felony” limitation?
The underlying felony must be inherently dangerous to human life (e.g., burglary, arson, rape, robbery, kidnapping).
What is "extreme emotional disturbance" manslaughter under the Model Penal Code?
A killing caused by an intense emotional disturbance for which there is a reasonable explanation or excuse.
What distinguishes felony battery from misdemeanor battery?
The severity of injury or use of a deadly weapon.
What is the MPC standard for when a mistake of fact negates mens rea?
The mistake must negate the required mens rea under the applicable criminal statute.
What is the legal significance of an intervening cause?
It can break the chain of causation if it is unforeseeable.
What is the difference between express and implied malice?
Express malice is the intent to kill; implied malice exists when the defendant acts with a depraved heart or extreme recklessness.
What is the provocation test used for voluntary manslaughter in modern jurisdictions?
The provocation must be sufficient to cause a reasonable person to lose self-control.
What is the mens rea required for battery?
Intentional, reckless, or criminally negligent application of force.
What is the mental state for depraved heart murder?
Extreme recklessness showing a disregard for human life.
What is the difference between voluntary and involuntary acts in criminal liability?
Voluntary acts are conscious choices, while involuntary acts do not establish liability.
What is the “provocative act doctrine” in felony murder?
If a felon commits an act likely to provoke lethal resistance, they may be guilty of murder if a victim or police officer kills someone in response.
What is an example of an intervening cause that does NOT break the chain of causation in homicide?
A foreseeable medical complication resulting from a gunshot wound.
What is the Model Penal Code's definition of aggravated assault?
Attempting to cause, or purposely, knowingly, or recklessly causing serious bodily injury under circumstances manifesting extreme indifference to human life.
What is the rule for determining whether a statute imposes strict liability?
Courts look at legislative intent, severity of punishment, and whether the statute protects public welfare.
What is the common law rule for an act of omission as a criminal act?
There must be a legal duty to act.
What are the two main approaches to felony murder liability when a non-felon (e.g., police officer or victim) kills someone?
The agency theory limits liability to killings by felons or co-felons; the proximate cause theory holds felons liable for any foreseeable deaths caused during the felony.
How does the "cooling-off" period affect voluntary manslaughter?
If the defendant had time to cool off, the killing is no longer voluntary manslaughter but murder.
Under what circumstances does mere offensive touching constitute battery?
When it offends a reasonable sense of personal dignity (e.g., spitting on someone).
What is the difference between a subjective and objective mens rea standard?
Subjective requires actual awareness; objective relies on what a reasonable person should have known.
What is the significance of the "last act" test in criminal law?
It determines if the defendant took the final step necessary to complete a crime.
Under the Model Penal Code, how does felony murder differ from the common law approach?
The MPC does not recognize felony murder as a distinct category but presumes recklessness for killings committed during dangerous felonies (e.g., robbery, rape, arson).
What is the difference between criminal negligence manslaughter and reckless homicide?
Criminal negligence manslaughter involves failing to perceive a substantial risk, whereas reckless homicide involves conscious disregard of that risk.
What is the distinction between simple assault and assault with intent to kill?
Assault with intent to kill requires proof that the defendant intended to cause death.