Elements Flashcards
(15 cards)
Specific Intent
D’s guilt requires proof that the D intended to bring about a specifically prohibited harm
General Intent
D’s guilt requires proof that the D committed a criminal act while possessed of a generally bad state of mind
Concurrence
Requires a showing that the criminal act occurred while the D was possessed of the requisite criminal state of mind
Purposely
When D acts with a conscious motivation or desire to bring about a specific result
Knowingly
When D acts with knowledge or substantial certainty that the action will produce a certain result
Intentionally
When D acts purposely or knowingly
Wilfully
When D acts purposely or knowingly with moral turpitude
Recklessly
D acts with conscious disregard of the substantial and unjustifiable risk
Criminally Negligent
When D acts in a manner that he should have known of the high degree of risk created by the action
Actual Cause
but for, substantial factor, or acceleration of result
Proximate Cause
NEGLIGENT/RECKLESS CRIMES
In crimes involving criminal negligence or recklessness, a finding of proximate cause requires a showing that the resultant harm was within the risk created by the D’s conduct
Proximate Cause
In crimes involving an intent to bring about a prohibited result, a finding a proximate cause requires a showing that the resultant harm is sufficiently similar to that which was intended
Intervening Causes
Question is whether the D’s responsibility for that result is superseded by the intervening event
Intervening Causes
FORESEEABLE
A third party’s ordinary negligence, a victim’s special sensitives or vulnerabilities, and conduct by a V or third party that is dependent on or responsive to D’s conduct
Intervening Causes
UNFORESEEABLE
a third party’s reckless or criminally negligent conduct and conduct by a V or third party that is coincidental or independent of D’s conduct
