When does a state have jurisdiction to prosecute a crime? - ANSWER state may prose-
cute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state
Merger - ANSWER -one crime is subsumed into another → can be CHARGED, but cannot
be CONVICTED of both
-Lesser-included offenses DO merge into greater-included offenses (e.g. crime w/ elements
AB merges into crime w/ elements ABC)
-Conspiracy does NOT merge into the target offense
-Solicitation and Attempt DO merge into the target offense
Burden of Proof (generally) - ANSWER BEYOND A REASONABLE DOUBT is the burden the
state bears for every element of a crime
Actus Reus (AR) - ANSWER 1) PHYSICAL or EXTERNAL component
--i) prohibited conduct (e.g., speeding)
--ii) prohibited result (e.g., killing)
--iii) attendant circumstances (e.g., age of victim)
2) VOLUNTARY ACT
3) an OMISSION which violates a legal duty
-generally, NO LEGAL DUTY to act or aid
Situations in which a Legal Duty to Act may arise: - ANSWER i) statute (e.g., paying taxes,
reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
1
,iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
Mens Rea (MR) - ANSWER MENTAL or INTERNAL component of a crime
specific intent crimes - ANSWER -purpose or object
-the manner in which the crime was committed may provide circumstantial evidence of in-
tent
the major specific intent crimes - ANSWER 1) 1st degree murder
2) assault
3) inchoate offenses
4) solicitation
5) attempt
6) conspiracy
7) larceny
8) robbery
9) embezzlement
10) false pretenses
11) burglary
12) forgery
malice - ANSWER -greater than, or equal to, gross recklessness → a reckless disregard of
an obvious or high risk that the particular harmful result will occur
1) murder
2) arson
2
, general intent - ANSWER -greater than, or equal to, criminal negligence → an awareness
of all factors constituting a crime (this is a catch-all)
1) rape
2) battery
3) kidnapping
-NOTE: for general intent, ▵ need not be certain that all attendant circumstances exist
-it is sufficient that ▵ is aware of a high likelihood that they will occur
-inference of intent from act: a jury may infer the required general intent merely from the
doing of the act
transferred intent - ANSWER intent to cause harm to a particular individual or object
TRANSFERS if it instead causes SIMILAR harm to another person or object
Concurrence of Actus Reus and Mens Rea - ANSWER MR for offense must exist SIMULTA-
NEOUSLY with commission of offense
accomplice liability - modern approach - ANSWER -RULE: one is liable for a crime some-
one else commits IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
accomplice liability - 4 Categories of Parties to a Crime (common law approach) - AN-
SWER 1) Principal in the 1st degree → present at scene, commits AT LEAST one element
of the crime (example: masked bank robber)
2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY ele-
ment of the crime (example: driver or lookout)
3) Accessory BEFORE the fact → not at scene, provided assistance beforehand (example:
planner or supplier)
4) Accessory AFTER the fact → not at scene, provided assistance after crime was over (exam-
ple: hideout provider)
3
cute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state
Merger - ANSWER -one crime is subsumed into another → can be CHARGED, but cannot
be CONVICTED of both
-Lesser-included offenses DO merge into greater-included offenses (e.g. crime w/ elements
AB merges into crime w/ elements ABC)
-Conspiracy does NOT merge into the target offense
-Solicitation and Attempt DO merge into the target offense
Burden of Proof (generally) - ANSWER BEYOND A REASONABLE DOUBT is the burden the
state bears for every element of a crime
Actus Reus (AR) - ANSWER 1) PHYSICAL or EXTERNAL component
--i) prohibited conduct (e.g., speeding)
--ii) prohibited result (e.g., killing)
--iii) attendant circumstances (e.g., age of victim)
2) VOLUNTARY ACT
3) an OMISSION which violates a legal duty
-generally, NO LEGAL DUTY to act or aid
Situations in which a Legal Duty to Act may arise: - ANSWER i) statute (e.g., paying taxes,
reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
1
,iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
Mens Rea (MR) - ANSWER MENTAL or INTERNAL component of a crime
specific intent crimes - ANSWER -purpose or object
-the manner in which the crime was committed may provide circumstantial evidence of in-
tent
the major specific intent crimes - ANSWER 1) 1st degree murder
2) assault
3) inchoate offenses
4) solicitation
5) attempt
6) conspiracy
7) larceny
8) robbery
9) embezzlement
10) false pretenses
11) burglary
12) forgery
malice - ANSWER -greater than, or equal to, gross recklessness → a reckless disregard of
an obvious or high risk that the particular harmful result will occur
1) murder
2) arson
2
, general intent - ANSWER -greater than, or equal to, criminal negligence → an awareness
of all factors constituting a crime (this is a catch-all)
1) rape
2) battery
3) kidnapping
-NOTE: for general intent, ▵ need not be certain that all attendant circumstances exist
-it is sufficient that ▵ is aware of a high likelihood that they will occur
-inference of intent from act: a jury may infer the required general intent merely from the
doing of the act
transferred intent - ANSWER intent to cause harm to a particular individual or object
TRANSFERS if it instead causes SIMILAR harm to another person or object
Concurrence of Actus Reus and Mens Rea - ANSWER MR for offense must exist SIMULTA-
NEOUSLY with commission of offense
accomplice liability - modern approach - ANSWER -RULE: one is liable for a crime some-
one else commits IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
accomplice liability - 4 Categories of Parties to a Crime (common law approach) - AN-
SWER 1) Principal in the 1st degree → present at scene, commits AT LEAST one element
of the crime (example: masked bank robber)
2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY ele-
ment of the crime (example: driver or lookout)
3) Accessory BEFORE the fact → not at scene, provided assistance beforehand (example:
planner or supplier)
4) Accessory AFTER the fact → not at scene, provided assistance after crime was over (exam-
ple: hideout provider)
3
