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Criminal Law Principles and Liability
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Criminal Law Principles and Liability
Criminal Law Principles and Liability
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1
Question
What is the core requirement for actus reus in criminal law?
Page 2
Answer
A voluntary affirmative act.
2
Question
Why did the court in Robinson v. California invalidate criminalizing narcotic addiction?
Page 2
Answer
It punishes status, inflicting cruel and unusual punishment under the Eighth and Fourteenth Amendments.
3
Question
How did Powell v. Texas distinguish public intoxication from status criminalization?
Page 2
Answer
It punishes voluntary conduct of appearing drunk in public, not the status of alcoholism.
4
Question
What made the defendant's appearance on the highway involuntary in Martin v. State?
Page 2
Answer
Officers arrested him at home and forcibly took him there while intoxicated.
5
Question
How does timeframing affect actus reus analysis in People v. Decina?
Page 3
Answer
Focus on earlier voluntary act of driving despite known epilepsy risk, not later involuntary seizure.
6
Question
Under what conditions can criminal liability arise from an omission?
Page 3
Answer
When a legal duty to act exists, such as by statute, status relationship, contract, or voluntary assumption plus seclusion.
7
Question
What bases create a legal duty for omission liability in Jones v. United States?
Page 3
Answer
Contractual assumption of care and voluntary assumption plus secluding the helpless child from aid.
8
Question
How does the court in State v. Barger define possession or control of images?
Page 4
Answer
Requires actual exercise of dominion or control, beyond mere ability to access or view.
9
Question
What types of possession exist in criminal statutes?
Page 3
Answer
Actual possession, constructive possession, sole possession, and joint possession.
10
Question
Why was vicarious liability invalid in State v. Guminga for imprisonment?
Page 4
Answer
Cannot convict for imprisonment-punishable crime without personal act, knowledge, or consent.
11
Question
What mental state does purposeful require under MPC § 2.02(2)(a)?
Page 6
Answer
Conscious object to engage in conduct of that nature or cause such result; awareness for attendant circumstances.
12
Question
What defines knowingly under MPC § 2.02(2)(b)?
Page 6
Answer
Awareness that conduct is of that nature or circumstances exist; practically certain result will occur.
13
Question
How does MPC § 2.02(2)(c) define recklessness?
Page 7
Answer
Consciously disregards substantial and unjustifiable risk, gross deviation from law-abiding person's standard.
14
Question
What standard applies to negligence under MPC § 2.02(2)(d)?
Page 7
Answer
Should be aware of substantial and unjustifiable risk; gross deviation from reasonable person's standard.
15
Question
How do direct and circumstantial evidence differ in proving mens rea?
Page 7
Answer
Direct proves without inference; circumstantial requires inferences, like deadly weapon use inferring purpose.
16
Question
What characterizes strict liability crimes?
Page 7
Answer
No mens rea required; liability if act and non-mental elements fulfilled.
17
Question
Under what conditions does MPC allow strict liability?
Page 7
Answer
Narrow class limited to fines only, rejecting for serious crimes.
18
Question
Why did US v. Balint uphold strict liability for narcotic sales?
Page 7
Answer
Regulatory public welfare statute focused on social betterment, not mala in se crimes.
19
Question
What presumption applies when a statute is silent on mens rea?
Page 8
Answer
Defense argues implied mens rea from common law tradition; prosecution pushes strict liability if regulatory.
20
Question
What did Elonis v. United States require for threat convictions?
Page 8
Answer
Defendant must know communication contains a threat, beyond reasonable person standard.
21
Question
How does a conduct crime differ from a result crime?
Page 6
Answer
Conduct crimes need no harmful result (e.g., drunk driving); result crimes require one (e.g., murder).
22
Question
What are attendant circumstances in a crime definition?
Page 6
Answer
Conditions that must exist for social harm, like dwelling house at night in burglary.
23
Question
Can purposeful conduct lack knowledge under MPC?
Page 6
Answer
Yes, you can purpose a result without practical certainty it occurs.
24
Question
What distinguishes recklessness from negligence?
Page 7
Answer
Recklessness requires conscious disregard; negligence requires failure to perceive substantial risk.
25
Question
Why reject strict liability for serious penalties per MPC?
Page 7
Answer
Requires evil mind with evil act; limits SL to fines only.
26
Question
In Robinson, what evidence led to conviction for addiction status?
Page 2
Answer
Officers' observations of needle marks, scabs, and alleged admissions.
27
Question
How does Jones v. United States establish duty for child neglect omission?
Page 3
Answer
Legal duty from contractual care assumption and voluntary seclusion preventing other aid.
28
Question
What phrase defines possession in State v. Barger?
Page 4
Answer
Physical or otherwise dominion or control.
29
Question
Why can't vicarious liability impose imprisonment without personal involvement?
Page 4
Answer
Violates due process; requires own act, knowledge, or consent.
30
Question
What social harm concept underlies criminal elements?
Page 6
Answer
Negation, endangerment, or destruction of socially valuable individual, group, or state interest.