Defining Criminal Intent Flashcards
Defining Intent
Define general intent
Intent to do the act that constituted the crime
Defining Intent
Define specific intent
- Intent to do the act and
- Intent to achieve some harmful or legally forbidden result
Voluntary Acts that Cause Harm
Takeaway from Stark
Mixing funds case: when statute only describes the act, then the crime is general intent; when statute references an intent to achieve some consequence, then crime is specific intent
General intent+
What are words to look for that denote general intent+ ?
- Malice
- Criminal negligence
General intent+
Define malice for general intent+
Committing the act, while knowing it to be wrong without just cause or excuse
General intent+
Define criminal negligence for general intent+
- Aggravated, culpable, gross, or reckless;
- Such a departure from conduct of ordinary prudent or careful person under the same circumstances
General intent+
Takeaway from In re V.V.
Firecracker caused brush fire: If D does something reckless but there is a justification or just cause then it is not malicious
General intent+
Two different types of malice for general intent+
- Malice in fact
- Malice in law
General intent+
Define malice in fact
Ill will, a wish to vex, defraud, annoy, or injure another person
General intent+
Define malice in law
A wrongful act, done intentionally without just cause or excuse
Specific Intent
Takeaway from Schminkey
Drunk took wrong car: Intoxication is not a defense for general intent crimes bc it does not impact the mens rea
Specific Intent
What do courts look at to determine if D formed mental state to satisfy specific intent?
- Circumstantial evidence
- Inference
Strict Liability
What is the mens rea for a strict liability crime?
No requirement of a guilty mind at all
Strict Liability
What types of offenses are most often strict liability?
Public welfare offenses
Strict Liability
Takeaway from Loge
Empty found in truck: Court held that knowledge of the presence of the alcohol was not required for guilt
