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Flashcards in Page 2 Deck (38):
0

What is the burden of production in criminal law?

Prosecution must present against defendant, and then defense has burden of producing evidence of affirmative defense

1

What is probable cause?

Evidence supporting a reasonable suspicion a crime has been committed and the defendant is the one who did it

2

Probable cause must be present before what?

An individual can be stopped and questioned

3

What is the reasonable doubt test?

There must be an abiding conviction to a moral certainty of the truth of the charge

4

What are the four elements of the reasonable doubt test?

1. Did the required act or omission
2. With the required mental fault
3. Under the required circumstances
4. Produced the required harmful consequences

5

What is mens rea?

Blameful or culpable state of mind

6

What is the traditional approach to mens rea?

It changes depending on the crime the defendant is accused of (intentional, willful, negligent)

7

If the law doesn't include a mental state, went do the courts have to do?

Figure out if one applies, and what it should be based on legislative intent

8

What is the MPC approach to mens rea?

Four basic levels of culpability

9

Which approach is practiced more frequently when it comes to mens rea?

MPC, which is followed by two thirds of the states

10

What does intent mean?

To consciously desire the result, or know that it is practically certain because of one's conduct

11

What is a person presumed to intend?

The natural and probable consequences of his acts

12

How does the law figure out a person's thoughts?

Based on their words and actions in light of all the surrounding circumstances. What he says and does has a bearing on what he had in mind

13

What are the three types of intent?

General intent, specific intent, constructive intent

14

What is general intent?

Intent to perform an act even though the actor doesn't desire the consequences

15

What is the only thing that one must realize to be guilty of a general intent crime?

That by engaging in the physical act, there is a substantial likelihood of harming another

16

What are the general intent crimes?

(FI)R R(IM)M BANK
- False imprisonment
– Rape
– Recklessness
– Involuntary manslaughter
– Murder, when intent to kill is not alleged
– Battery
- Arson
- Criminal negligence
- Kidnapping

17

What is the mnemonic to help remember general intent crimes?

(FI)R R(IM)M BANK

18

If a statute doesn't state the intent, would it be general or specific?

General is the threshold level of intent, so it will usually suffice

19

Can you claim mistake as a defense to a general intent crime?

Not unless of reasonable, sober person would've made the same mistake

20

What is specific intent?

Criminal acts done with intent to cause a specific criminal result (although that result doesn't have to actually occur)

21

What are the specific intent crimes?

SCAT Attempted 1st BRVm
- Solicitation
– Conspiracy
– Assault
– Theft
– All attempt crimes
– First-degree murder
– Burglary
- Robbery
- Voluntary manslaughter (w/ intent to kill)

22

What is the mnemonic to help remember specific intent crimes?

SCAT Attempted 1st BRVm

23

How do you know if a crime is a specific intent crime?

Uses words like intentional, deliberate, purposeful

24

Can you use mistake as a defense for specific intent crimes?

Yes, whether it is reasonable or not

25

What is constructive intent?

Intent that can be inferred from recklessness or negligence

26

If someone only intends a slight injury but actually inflicts a serious one, how are they punished?

By looking at the harm intended

27

If someone intends a serious injury, but only inflicts a light one, how are they punished?

Guilty of the lesser crime because the intent to do the greater one is equivalent to intent to do the harm that actually resulted

28

What are the MPC four basic levels of culpability?

1. purposely
2. knowingly
3. recklessly
4. negligently

29

What is the minimum standard of the MPC culpability levels?

Recklessness

30

MPC culpability says that a mental state applies to what?

Each element of the crime

31

If the law says that a certain level of MPC culpability will suffice, can others also?

Yes, anything above it as well

32

What are the keywords for MPC purposely?

Goal or Aim

33

Define MPC purposely

Conscious object to cause a result or engage in that conduct, aware of the existence of the attendant circumstances and believing/hoping they exist

34

What are the keywords for MPC knowingly?

Virtually Certain

35

Define MPC knowingly

Knowledge of the nature of the act/omission, of the results that will follow, or of the attendant circumstances. Being practically certain that your conduct will cause a result

36

Where does willful blindness fit into the MPC culpability levels?

Under knowingly, because you are aware of the high probability that you are committing a crime, but intentionally avoid ascertaining the facts

37

Does failing to look, by itself, constitute willful blindness?

Only if you have reason to believe you're doing something unlawful