Rules Flashcards
(12 cards)
Intent under the Model Penal Code
Purposefully, knowingly, recklessly or negligently
defendant acted with the conscious object to do the act or to cause the result of his act, or that the defendant acted while aware or hopeful that the circumstances which led to the harm existed
Puposefully
defendant acted with conscious awareness or substantial certainty that his act would produce its result or that the circumstances which led to harm existed
Knowingly
defendant acted with conscious disregard of a substantial and unjustifiable risk that his act would result in a crime, involving a gross deviation from the standard of conduct that a law-abiding person would observe
Recklessly
defendant should have been aware of a substantial and unjustifiable risk that a crime would result from his act, involving a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation
Negligently
defendant, while in the process of committing a crime against one person, unintentionally commits the crime against a different person OR commits a different crime. Applies only to general intent crimes
Transferred Intent Doctrine
What are the four (4) ways you can show Malice Aforethought?
1) Intent to kill
2) Intent to cause serious or grievous bodily harm
3) wanton and willful disregard of human life (depraved or malignant heart); or
4) intent to commit a dangerous felony
What is a Homicide?
Homicide is the killing of one human being by another human being
What is a Murder?
Murder is a homicide committed with malice aforethought
What are the dangerous felonies by which malice aforethought can be shown as it pertains to murder?
Arson, Rape, Robbery, Burglary
What is the most common definition of a human being?
A person must be alive or, if unborn, must be viable
When is a person dead according to common law?
When there is cessation of breathing and heart beat
