Criminal Law (Elements of Crimes, Scope & Liability)

Lesson 2 Discussion A

Formostcrimes, you must have a criminal act (Actus Reus) coupled with a criminal state of mind (Mens Rea). I cannot be arrested simply for thinking that I want to kill my wife. Spotting the criminal act on an exam is usually fairly easy. However, sometimes the "act" can be the failure to act. The failure to act can be a crime when a person has a duty to act. List a failure to act that could be a crime and explain why it should or should not be a crime.

Lesson 2 Discussion B

The criminal state of mind is a more difficult concept. There are several different standards for the intent to commit a crime. There are also a few crimes, so-called strict liability crimes, that do not require intent. List a crime and explain what type of intent is needed to prove that crime.

Lesson 2 Discussion C

A person does not have to actually commit the crime to be found guilty of the crime. Co-conspirators and accomplices can be convicted of crimes that they did not participate in.

Discuss the policy behind co-conspirator or accomplice liability. Explain why you think these are good or bad policies.