T or F
True or False. In general, the criminal law requires that a defendant’s criminal act be “voluntary” before defendant can be subject to criminal consequences.
T
A defendant with a known seizure disorder chooses to drive and then has a seizure that causes harm. The voluntary act is this earlier decision.
What is the decision to drive?
Under MPC, awareness of a “high probability” of a fact satisfies this mental state unless truly believed otherwise.
What is knowledge?
“But-for” causation refers to this concept.
What is actual cause?
Under MPC, attempt liability requires this beyond mere preparation.
What is a substantial step?
True or False. Under the Model Penal Code, if possession of heroin is illegal, the “possession” can be regarded as a “voluntary act” if the possessor is aware of his control long enough to terminate his possession.
True.
Correct. MPC § 2.01(4) provides: “Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.”
A stranger watches someone drown but does nothing. Liability fails because this is missing.
What is a legal duty?
Consciously disregarding a substantial and unjustifiable risk defines this mental state
What is recklessness?
A victim dies due to normal medical malpractice after being injured. Liability remains because this type of intervening cause does not break the chain.
What is a responsive intervening cause?
Under common law, agreeing with an undercover officer fails to form this crime.
What is conspiracy (bilateral rule)?
True or False. When their parents are ailing or need help, adult children who have the means to do so are under a duty to provide assistance to their parents.
False.
Correct. In general, even though parents have a duty to provide for their minor children, adult children do not normally have a duty to provide for their parents. See Russell L. Weaver, John M. Burkoff & Catherine Hancock, Criminal Law: A Contemporary Approach 50-51 (4th ed. 2021)
A parent fails to feed their child. The actus reus is satisfied through this doctrine.
What is omission where there is a status relationship?
Failing to perceive a substantial risk that a reasonable person would perceive defines this.
What is negligence?
An unforeseeable lightning strike kills the victim after injury. This type of cause breaks liability.
What is a coincidental intervening cause?
Under MPC, a defendant can still be guilty of conspiracy even if the other party lacks intent under this rule.
What is the unilateral rule?
True or False. A person acts “negligently” under the Model Penal Code with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
True.
Correct. See M.P.C. 2.02 (2) (D).
A person begins helping an injured victim, then abandons them, cutting off other aid. Liability arises under this duty.
What is voluntary assumption of care that isolates the victim?
Under common law, this type of crime allows an unreasonable mistake of fact as a defense.
What is a specific intent crime?
Under common law, an intervening cause only breaks the chain if it is this level of abnormality.
What is unforeseeable or highly abnormal?
A co-conspirator is liable for foreseeable crimes committed in furtherance of the conspiracy under this doctrine.
What is the Pinkerton rule?
True or False. Under the Model Penal Code, when the culpability required to establish a material element of an offense is not stated, such element is not satisfied unless defendant acted “purposely” or “knowingly” with respect to such element.
False.
Correct. Under M.P.C. 2.02 (3), “When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto."
A defendant accidentally starts a fire and walks away without warning others. Criminal liability attaches under this omission theory.
What is creating the peril?
Under MPC, if a statute is silent on mens rea, at least this level must be proven for each material element.
What is recklessness?
Under MPC, causation fails if the result is deemed this in relation to the actor’s conduct.
What is too remote or accidental?
Under MPC, an accomplice is NOT liable for additional crimes unless they possess this regarding the secondary offense.
What is the required mens rea for that offense?