Chapter 5 powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 5 powerpoint pt. 1 > Flashcards

Flashcards in Chapter 5 powerpoint pt. 1 Deck (33):
1

_____ ____ is criminal intent.

Mens rea

2

Mens rea is criminal _______.

intent

3

_____ ____ is required for a crime to occur.

Mens rea

4

Intent is required to hold accountable only individuals who are “_______ ___________.”

morally blameworthy

5

______ is required to hold accountable only individuals who are “morally blameworthy.”

Intent

6

Mens rea aka _______, is guilty knowledge.

scienter

7

Mens rea aka scienter, is ______ __________.

guilty knowledge

8

Law texts traditionally have repeated that actus non facit rum nisi mens sit rea: which means?

"There can be no crime, large or small, without an evil mind"

9

The “______ _____” of crimes is commonly termed mens rea (“guilty mind”) or scienter (“guilty knowledge”) or criminal intent.

mental part

10

The “mental part” of crimes is commonly termed _____ ____ (“guilty mind”) or _______ (“guilty knowledge”) or criminal intent.

mens rea
scienter

11

The “mental part” of crimes is commonly termed mens rea (“guilty _____”) or scienter (“guilty _________”) or criminal intent.

mind
knowledge

12

Three reasons for prosecuting the “morally blameworthy”?

(1) hold defendants responsible for their acts
(2) deter future criminal acts
(3) allows punishment to be proportional to the crime committed

13

True or False: Circumstantial evidence can help indirectly establish criminal intent or criminal act

True

14

List the four type of intents.

(1) general intent
(2) specific intent
(3) transferred intent
(4) constructive intent

15

Which type of intent is this: intent to commit the criminal act without the need to demonstrate intent to violate the law?

general intent

16

Which type of intent is this: mental determination to accomplish a specific result?

specific intent

17

Which type of intent is this: when an individual commits an act against a person but inadvertently injures the other?

transferred intent

18

Which type of intent is this: individuals who commit reckless acts with a resulting harm are considered to intend the natural consequences of their actions?

constructive intent

19

List the intensities of criminal intent (1 being the harshest & 4 being the lightest).

(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligently

20

What is the difference between general and specific intent?

general: intent to carry out an act
specific: intent to carry out an act with specific results

21

To fit into the _________ intensity of intent; the defendant must possess a specific intent to commit a crime.

purposely

22

To fit into the purposely intensity of intent; the defendant must possess a _______ intent to commit a crime.

specific

23

What occurred in the Commonwealth v. Ferino case?

-Defendant Carroll was found guilty of first degree murder and sentenced to life imprisonment for shooting and killing his wife after the two had violent argument
-Defendant appealed, arguing that he was could not be found guilty of more than second-degree murder because the killing was not premeditated.
-While premeditation is an element of first-degree murder, where a killing is willful, deliberate and intentional, no time is too short for the necessary premeditation to occur.

24

Which intensity of intent is this: When an individual is “aware” that circumstances exist, or a result is practically certain to follow from his or her conduct?

knowingly

25

What happened in the State v. Nations case?

-The Defendant, Sandra Nations (Defendant) owns and operates the Main Street Disco, in which police officers found a scantily clad sixteen-year-old girl dancing for tips
-Consequently, the Defendant was charged with endangering the welfare of a child less than seventeen years old. The Defendant was convicted and fined $1,000.

26

What is willful blindness?

when an actor is aware of the probable existence of a material fact, but does not satisfy himself that it does not in fact exist

27

Which intensity of intent is this: individuals engage in obviously risky behavior that they know creates a risk of substantial and unjustifiable harm and yet to not expect that injury or harm will result?

Recklessly

28

What are the two requirements to label intent as reckless?

(1) Conscious disregard of a substantial and unjustifiable risk
(2) Gross deviation from the standard that a law-abiding person would observe in the same situation

29

What happened in the Hranicky v. State case?

Hranicky v. State Hranicky charged with recklessly causing serious bodily injury to a child in the second degree. Defense claims that defendant acted unknowingly instead of recklessly. Ruled in favor of the State.

30

Which intensity of intent is this: Engaging in harmful and dangerous conduct while being unaware of a risk that a reasonable person would appreciate?

Negligence

31

What two things should you consider when determining negligent intent?

(1) mental state
(2) objective standard

32

_______ _____ – negligent individual is not aware of the risk his or her conduct might pose

Mental state

33

_________ _____ – negligent individual grossly deviates from the standard of care that a reasonable person would exhibit under a similar set of circumstances

Objective standard