Crim Law Final - Actus Reus + Mens Rea Comprehensive Review Exam Questions And Answers.

What is defined as the "voluntarily willed physical movement" ? - correct answer actus reus The Actus Reus of an offense includes "A _________ act that causes a _______ _________." - correct answer voluntary, social harm Are unconscious movements or involuntary acts such as reflexive actions, spasms, convulsions, movements while unconscious, or movements while asleep considered valid Actus Reus? - correct answer no What is defined as "the failure to act" - correct answer omission Can an omission serve as an Actus Reus substitute of a crime? - correct answer yes What elements must be concurrent (as shown in formula) for there to be a crime? _________ + _________ + ___________ = ________ ________ - correct answer actus reus (or omission) + mens rea + causation = social harm If a person does NOT have a legal duty to act, can they be convicted of a crime? - correct answer no Under the Doctrine of Omission, there are 4 situations in which a person has a legal duty to act (does not act = crime) - correct answer 1. defendant is under statutory obligation to care for the victim 2. defendant is in a sufficiently close relationship with the victim (mother/child, husband/wife) 3. defendant contractually agreed to provide care for the victim 4. defendant voluntarily took on the care of the victim, such that the victim was secluded from others who might have helped him For a crime to occur, what 2 things must be concurrent (occur at the same time!) - correct answer actus reus and mens rea What is the burden of proof on the state for EVERY element of an offense? **Due Process Clause - correct answer beyond a reasonable doubt What side is faced with the burden of persuasion, aka convincing a jury that the defendant is guilty beyond a reasonable doubt? - correct answer prosecution Does the defendant ever have a burden of proof? - correct answer no What is defined as "serving as a link & as the mechanism for determining how much the wrongdoer owes to society" ? - correct answer causation Causation is a 2 step process - 1. Determine ______ is the actual cause. 2. Determine whether the actual cause is the ________ cause. - correct answer who, proximate/legal IF the defendant is not the actual cause of the crime, can he be held legally responsible? - correct answer no Do ALL crimes require results? - correct answer no, but some crimes do What type of cause is defined as being used to identify the candidates (WHO) for responsibility of the event based on whether the defendant's conduct is a cause in fact of the result - correct answer actual cause What type of cause is defined as the primary cause of the injury, or the action that produced foreseeable consequences - correct answer proximate cause What 2 tests are used to determine the Actual Cause of a crime? - correct answer But for test and Substantial Fact test What test states "But for the defendant's voluntary acts, would the harm have occurred when it did?" **if "yes," then the defendant's conduct wouldn't be the actual cause - correct answer but for test What test states "defendant's conducts a cause in fact of a prohibited result if the subject conduct was a substantial factor in bringing about the prohibited result" **generally used when 2 causes are acting independently & not in concert commit 2 separate acts & each alone is sufficient to cause injury when it did **multiple defendants - correct answer substantial factor test What is defined as "an independent force that operates in producing the social harm, but which only comes into play after the defendant's voluntary act or omission has been committed" ? - correct answer intervening cause Dependent Intervening Cause OR Independent Intervening Cause: "Bob punches Sally in the eye. Sally goes to the Doctor for medical treatment & Sally died from the Doctor's grossly negligent treatment." - correct answer dependent Defendant Intervening Cause OR Independent Intervening Cause: "Bob punches Sally in the eye. Sally goes to the Doctor for medical treatment, but on her way, she is killed by a tornado." - correct answer independent ________ circumstances that BREAK the casual link to hold a defendant liable : 1. Acts of God (unforeseen) 2. Irresponsible human agent 3. Act or omission of the victim that assists in bringing about the outcome 4. Grossly negligent or reckless medical treatment - doc. operating on meth 5. Specific causal mechanism - unknown why explosion occurred - correct answer intervening IF a victim takes his own life to prevent further torture from a defendant, is his suicide an intervening cause that would break the casual link & therefore not hold the defendant liable? - correct answer no Independent Intervening Causes (unless foreseeable) do NOT result in __________. - correct answer causation Dependent Intervening Causes (unless unforeseeable or abnormal) DO result in ________. - correct answer causation