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)
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1
Q

_____ ____ is criminal intent.

A

Mens rea

2
Q

Mens rea is criminal _______.

A

intent

3
Q

_____ ____ is required for a crime to occur.

A

Mens rea

4
Q

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

A

morally blameworthy

5
Q

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

A

Intent

6
Q

Mens rea aka _______, is guilty knowledge.

A

scienter

7
Q

Mens rea aka scienter, is ______ __________.

A

guilty knowledge

8
Q

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

A

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

9
Q

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

A

mental part

10
Q

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

A

mens rea

scienter

11
Q

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

A

mind

knowledge

12
Q

Three reasons for prosecuting the “morally blameworthy”?

A

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

13
Q

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

A

True

14
Q

List the four type of intents.

A

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

15
Q

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

A

general intent

16
Q

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

A

specific intent

17
Q

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

A

transferred intent

18
Q

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?

A

constructive intent

19
Q

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

A

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

20
Q

What is the difference between general and specific intent?

A

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

21
Q

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

A

purposely

22
Q

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

A

specific

23
Q

What occurred in the Commonwealth v. Ferino case?

A
  • 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
Q

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?

A

knowingly

25
Q

What happened in the State v. Nations case?

A
  • 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
Q

What is willful blindness?

A

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
Q

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?

A

Recklessly

28
Q

What are the two requirements to label intent as reckless?

A

(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
Q

What happened in the Hranicky v. State case?

A

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
Q

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

A

Negligence

31
Q

What two things should you consider when determining negligent intent?

A

(1) mental state

(2) objective standard

32
Q

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

A

Mental state

33
Q

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

A

Objective standard