Criminal Law Bar Exam |188 questions| with correct answers

Actus Reus CORRECT ANSWER The act that produces the criminally prohibited result. Needs to be a voluntary conscious act, i.e. reflex actions, hypnosis and sleep walking doesn't count, but habitual acts or acts performed under duress count (but duress can be a defense.) Omission to Act where there is a legal duty CORRECT ANSWER Normally failure to act isn't criminal, but a legal duty can arise via statute, K, relationship, voluntary undertaking to rescue that is abandoned, or failing to help after creating the peril (i.e. hit and run). Mens Rea CORRECT ANSWER Culpable State of mind that actuated the criminal act or omission. D can act with purpose, knowledge or intent. Purpose CORRECT ANSWER D acts with the conscious object to bring about the result. i.e. shooting someone to kill. Knowledge CORRECT ANSWER D engages in conduct that he knows, with almost absolute certainty, will produce a prohibited result i.e. planting a bomb to kill 1 person, but knowing it will kill 10 others. Intent CORRECT ANSWER D acts with purpose or knowledge. For inchoate offenses, almost always means purpose only. Willful CORRECT ANSWER Synonym for intent. D acts purposefully or knowingly with moral turpitude. Recklessly CORRECT ANSWER Acting with awareness that the conduct creates an unjustifiable risk to others, but ignores that risk and engages in the conduct anyway. Different from knowledge because D is aware he is creating risk but doesn't have substantial certainty that the risk will occur.