Criminal Law LE1430 FRI/ AM
April 5, 2013
a. What are the basic requirements for criminal liability?
The basic requirements for criminal liability is the performance by a person of conduct which includes voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing.
b.Under what circumstances may an individual be convicted of a crime by failing to act?
An individual may be guilty of a crime by failing to act only if that individual has a legal duty to act.
c. What is meant by voluntary actions?
Voluntary action takes place under direction of the brain. Like for example riding a a bike, washing clothes, cooking.
d. Distinguish the difference between intent and causation.
Intent is when a individual has sufficient mens rea ( mental state) to commit a crime with a aim or purpose. Intent is the state of ones mind at the time then followed by action. Causation is an implicit element of a crimes actus rea ( an action). Difference is causation is only applicable where a result has been achieved.
e. How does the Model Penal Code different from common law requiring the mens rea requirement?
The penal code uses four types of culpability purposely, knowing, recklessly, negligently.
a. Should the crime of attempt carry the same punishment as the substantive offense?
Yes because you still had the mental state of mind to commit a crime.
b. Is the criminal conduct and motive involved in a crime of attempted murder any less serious than the commission of the crime of murder?
I don't this it is any less serious they bout are the intent of killing another person both should be taking serious. One is just the attempt and the other is the actual crime carried out neither one or less serious.
c. Should the crime of attempt be limited to only serious offenses?
No because if you attempt any crime you should be punished...
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