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Flashcards in Mens Rea Deck (21)
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1
Q

What are the four Common Law criminal mental states?

A
  1. Specific Intent
  2. Malice
  3. General Intent
  4. (Strict Liability)
2
Q

What are the requirements for Specific Intent?

A
  1. Desire to do the act AND
  2. Desire to achieve a specific result
3
Q

What are the crimes against persons that require specific intent?

A
  1. Assault
  2. First-degree premeditated murder (statutory)
4
Q

What are the crimes against property that require specific intent?

A
  1. Larceny
  2. Embezzlement
  3. False pretenses
  4. Robbery
  5. Forgery
  6. Burglary
5
Q

What are the inchoate crimes that require specific intent?

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
6
Q

What defenses are available only for specific intent?

A
  1. Voluntary intoxication
  2. Unreasonable mistake of fact
7
Q

What constitutes Malice at Common Law? (2)

A

Intentional or reckless disregard of obvious or known risk

8
Q

What are the crimes that require Malice?

A

Murder

Arson

9
Q

What constitutes general intent at common law?

A

Generally aware of the factors that constitute the crime

10
Q

What are the crimes that require General Intent?

A
  1. Battery
  2. Forcible Rape
  3. False Imprisonment
  4. Kidnapping
11
Q

What are the crimes that are subject to Strict Liability at Common Law?

A
  1. Public Welfare offenses
  2. Statutory Rape
12
Q

NY QUESTION

What are the criminal mental states in NY/MPC? (5)

A
  1. “Intent” (NYPL) / “Purpose” (MPC)
  2. Knowledge
  3. Recklessness
  4. Negligence
  5. Strict Liability
13
Q

NY QUESTION What constitutes intent/purpose (NY)/(MPC)?

A

Conscious desire to achieve a particular result

14
Q

NY QUESTION What constitutes knowledge under the NYPL/MPC?

A

As to conduct: Awareness of what he’s doing

As to result: Practically certain that conduct will cause that result

15
Q

NY QUESTION

What constitutes Recklessness under the MPC/NYPL?

A
  1. Awareness of substantial and unjustifiable risk, AND
  2. Conscious disregard for that risk
16
Q

NY QUESTION

What constitutes Negligence under MPC/NYPL?

A

Actor should have been aware of a substantial and unjustifiable risk

17
Q

What are the causation rules in criminal law?

A

Must satisfy:

  1. Actual cause (but-for) AND
  2. Proximate cause
18
Q

What is the primary wrinkle to actual cause?

A

Accelerating cause:

An actual cause that accelerates an outcome (shoot somebody who’s going to die anyway) (Still an actual cause)

19
Q

What is the test for proximate cause in criminal law?

A

Bad result is a natural and probable consequence of D’s conduct

20
Q

What are the two wrinkles to proximate cause?

A
  1. Unforeseeable intervening event: D not liable
  2. Eggshell victims: D liable
21
Q

What is the concurrence principle?

A

Actor must have the required mental state AT THE SAME TIME he engages in culpable act

(BUT see larceny and burglary)