Mental States

Question 1

A person acts knowingly with respect to the nature of his conduct when

Answer 1

he is aware that his conduct is of that nature or that certain circumstances exist

Question 2

M’Naghten test for insanity defense

Answer 2

provides for a defendant’s acquittal if he has a disease of the mind causing a defect of reason so that at the time of his actions he lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions

Question 3

Model Penal Code test for insanity defense

Answer 3

defendant lacked the substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the law

Question 4

specific intent crimes

Answer 4

BAM ACTS
burglarly
assault
murder (1st degree)
attempt
conspiracy
theft
solicitation

Question 5

Irresistible Impulse test for insanity

Answer 5

D lacks capacity for self-control and free choice

Question 6

Durham Rule for insanity

Answer 6

D’s conduct was product of mental illness

Question 7

attempt

Answer 7

specific intent to commit and substantial step beyond mere preparation

Question 8

recklessly

Answer 8

state of mind where a person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and the disregard is a gross deviation from the standard of care a reasonable person would follow

Question 9

negligently

Answer 9

state of mind where a person fails to be aware of a substantial and unjustifiable risk, and the failure is a substantial deviation from the standard of care a reasonable person would follow

Question 10

attempt

Answer 10

an act, done with intent to commit a crime, that falls short of completing the crime

Question 11

conspiracy

Answer 11

• an agreement between two or more persons
• an intent to enter into an agreement
• an intent to achieve the objective of the agreement
• an over act (required in most states)

Question 12

bilateral/common law approach to conspiracy

Answer 12

at least two parties in a conspiracy need to have criminal intent

Question 13

unilateral/MPC approach to conspiracy

Answer 13

only one party in a conspiracy needs to have criminal intent

Question 14

solicitation

Answer 14

counseling, advising, or commanding another to commit a crime, with the intent that the other person commit the crime

Question 15

necessity

Answer 15

a defense where the defendant reasonably believed that the conduct was necessary to avoid some harm to society that would exceed the harm caused by the conduct

Question 16

intent required for attempted murder

Answer 16

intent to kill

Question 17

All attempt crimes are ________ intent crimes.

Answer 17

specific