Theft, burglary and robbery Bar Exam Flashcards - Medical Study Cards
Master Theft, burglary and robbery with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Theft, burglary and robbery Flashcard Deck - 10 Cards
Flashcard 1: When is a statutory offense treated as a strict-liability offense?
Answer: A strict-liability offense requires no mens rea for one or more elements, so an honest mistake does not excuse that element. Courts are reluctant to find strict liability for serious crimes carrying substantial punishment unless statutory language or legislative purpose clearly supports it.
Flashcard 2: Under the majority rule, what mens rea applies when a criminal statute is silent?
Answer: The majority rule generally requires at least recklessness for each material element, although some common-law formulations presume general intent. The prosecution need not prove a specific intent unless the statute requires it.
Flashcard 3: What does the principle of legality require in a statutory-crime prosecution?
Answer: The defendant may be convicted only under a criminal statute that defined the conduct as an offense before it occurred; courts may not create crimes by analogy or apply ex post facto laws.
Flashcard 4: What is the rule for mistake of law in a statutory crime?
Answer: Ignorance or mistake of law is generally no defense, even if the defendant did not know the conduct was criminal. Exceptions include reasonable reliance on an official interpretation or a statute that makes knowledge of illegality an element.
Flashcard 5: What must be shown to establish concurrence in a statutory crime?
Answer: The required mens rea must exist when the defendant performs the actus reus or causes the required result. A later decision to commit the crime usually cannot supply the missing contemporaneous intent.
Flashcard 6: What are the elements of statutory burglary under the majority rule?
Answer: Burglary is the breaking and entering of the dwelling of another at nighttime, without authorization, with the intent to commit a felony inside. Modern statutes commonly eliminate the nighttime or breaking requirements and may cover any building or offense.
Flashcard 7: When can a failure to act satisfy the actus reus of a statutory crime?
Answer: An omission satisfies actus reus only when the defendant had a legal duty to act, such as a duty imposed by statute, contract, special relationship, voluntary assumption of care, or creation of the risk.
Flashcard 8: What is the majority rule for mistake of fact in a statutory crime?
Answer: A reasonable mistake of fact generally negates a required mens rea; for specific-intent crimes, even an unreasonable mistake may do so. Mistake is no defense to a strict-liability element.
Flashcard 9: What are the usual elements of a statutory crime?
Answer: The prosecution must prove every actus reus, mens rea, causation, and attendant-circumstance element specified by the statute, plus any required result.
Flashcard 10: What is the key statutory distinction between robbery and larceny?
Answer: Robbery is the taking and carrying away of another’s personal property, with intent to permanently deprive, from the person or presence of the victim by force or threat of immediate force. Larceny has the same basic intent and taking requirements but does not require force or intimidation.
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