CRM 105 Exam #2 UNCW (Santana) – Study Guide, Practice Questions & Exam
Review
actus reus - ✔✔guilty act; act must be voluntary; omission can also be considered a guilty act
(failure to file taxes)
mens rea - ✔✔must have been intended to happen before it can be considered a crime
negligence, recklessness, knowing, and purposeful (intentional) - ✔✔four levels of mens rea
negligence - ✔✔failure to exercise the standard of care that a reasonable person would
exercise in similar circumstances
recklessness - ✔✔activity that increases the risk of harm
knowing - ✔✔action undertaken with awareness
purposeful (intentional) - ✔✔action undertaken to achieve some goal
involuntary manslaughter - ✔✔offenders acts may have been careless but no intent to kill
voluntary manslaughter - ✔✔intent to kill may be present but malice is lacking; e.g. crimes of
passion
strict liability offense - ✔✔make it a crime simply to do something, even if the offender had no
intention of violating the law
, felony murder - ✔✔death that occurs during the commission or attempted commission of any
felony; e.g. arson, robbery, burglary, rape, kidnapping
accomplice liability - ✔✔to be found guilty as an accomplice; "dual intent"; to aid the person
who committed the crime
concurrence - ✔✔actus reus and mens rea must be present at the same time; coming together
of the criminal act and guilty mind
causation - ✔✔criminal law requires that the criminal act cause the harm suffered; a link
between the act and the legal definition of the crime
attendant circumstances - ✔✔"did the defendant use a gun or a knife?" "amount of money
stolen"
harm; person; property - ✔✔to be a crime, an act must cause ____ to a ____ or to ____
inchoate offenses - ✔✔conduct deemed criminal without actual harm being done, provided
that the harm that would have occurred is one the law tries to prevent
alibi - ✔✔witness who will give testimony establishing that he/she could not have committed
the offense
duress - ✔✔defendant is threatened with serious bodily harm, which induces him/her to
commit the crime e.g. coerced
4 requirements to meet the duress defense - ✔✔1. The threat must be of serious bodily harm
or death
2. The harm threatened must be greater than the harm caused by the crime
Review
actus reus - ✔✔guilty act; act must be voluntary; omission can also be considered a guilty act
(failure to file taxes)
mens rea - ✔✔must have been intended to happen before it can be considered a crime
negligence, recklessness, knowing, and purposeful (intentional) - ✔✔four levels of mens rea
negligence - ✔✔failure to exercise the standard of care that a reasonable person would
exercise in similar circumstances
recklessness - ✔✔activity that increases the risk of harm
knowing - ✔✔action undertaken with awareness
purposeful (intentional) - ✔✔action undertaken to achieve some goal
involuntary manslaughter - ✔✔offenders acts may have been careless but no intent to kill
voluntary manslaughter - ✔✔intent to kill may be present but malice is lacking; e.g. crimes of
passion
strict liability offense - ✔✔make it a crime simply to do something, even if the offender had no
intention of violating the law
, felony murder - ✔✔death that occurs during the commission or attempted commission of any
felony; e.g. arson, robbery, burglary, rape, kidnapping
accomplice liability - ✔✔to be found guilty as an accomplice; "dual intent"; to aid the person
who committed the crime
concurrence - ✔✔actus reus and mens rea must be present at the same time; coming together
of the criminal act and guilty mind
causation - ✔✔criminal law requires that the criminal act cause the harm suffered; a link
between the act and the legal definition of the crime
attendant circumstances - ✔✔"did the defendant use a gun or a knife?" "amount of money
stolen"
harm; person; property - ✔✔to be a crime, an act must cause ____ to a ____ or to ____
inchoate offenses - ✔✔conduct deemed criminal without actual harm being done, provided
that the harm that would have occurred is one the law tries to prevent
alibi - ✔✔witness who will give testimony establishing that he/she could not have committed
the offense
duress - ✔✔defendant is threatened with serious bodily harm, which induces him/her to
commit the crime e.g. coerced
4 requirements to meet the duress defense - ✔✔1. The threat must be of serious bodily harm
or death
2. The harm threatened must be greater than the harm caused by the crime
