Exam 2 Flashcards
(31 cards)
General Intent
An individual possess the intent to commit a criminal act
Specific Intent
An individual is determined to produce a specific result
Constructive Intent (common law)
Individuals who are grossly reckless are considered to intend the natural consequences of their actions
Transferred Intent
An individual intends to harm one person and ends up harming someone else as well/instead
Purposely
An individual acts deliberatley
Knowing
The defendant is knowingly aware that cirucumstances exist or that a consequence is likely to result from their actions
Recklessly
The defendant is aware of and disregards a risk that is likely to occur from actions. Risk cause unjustifiable harm
Negligently
The individual engages in behavior that presents a risk that a reasonable person would observe and respect
Objective Legal Test
Requires an act that comes extremely close to the commission of a crime
Subjective Legal Test
considers a persons state of mind at the time the crime is commited
Voluntary acts
intentional physical movements
ommission
failure to act
Actual possession
The contraband is within physical reach of the individual
Constructive possession
An individual possess control over the contraband either through control of another person with access or through knowledge/ access to its location
Joint possession
the contraband is controlled by multiple individuals
Knowing possession
The individual possess knowledge that they are in possession of contraband
Mere possession
An individual is unaware that they possess contraband
Fleeting possession
Grants an innocentt individual a chance to momentarily discard of the contraband
Responsive Intervening acts
Causes the individual to respond to a criminals actions
Coincidental Intervening acts
The individual unpredictably responds to a criminal actions
Cause in fact
“but for”
Proximate Cause
determines whether or not it is fair to hold the defendant responsible for an injury or death
Principals (common law)
1st degree
- those who committed the crime
2nd degree
- those who assisted in the commission of the crime
Accessories (common law)
assist before/after the crime