Chapter 5 powerpoint pt. 1

Question 1

_____ ____ is criminal intent.

Answer 1

Mens rea

Question 2

Mens rea is criminal _______.

Answer 2

intent

Question 3

_____ ____ is required for a crime to occur.

Answer 3

Mens rea

Question 4

Intent is required to hold accountable only individuals who are “_______ ___________.”

Answer 4

morally blameworthy

Question 5

______ is required to hold accountable only individuals who are “morally blameworthy.”

Answer 5

Intent

Question 6

Mens rea aka _______, is guilty knowledge.

Answer 6

scienter

Question 7

Mens rea aka scienter, is ______ __________.

Answer 7

guilty knowledge

Question 8

Law texts traditionally have repeated that actus non facit rum nisi mens sit rea: which means?

Answer 8

“There can be no crime, large or small, without an evil mind”

Question 9

The “______ _____” of crimes is commonly termed mens rea (“guilty mind”) or scienter (“guilty knowledge”) or criminal intent.

Answer 9

mental part

Question 10

The “mental part” of crimes is commonly termed _____ ____ (“guilty mind”) or _______ (“guilty knowledge”) or criminal intent.

Answer 10

mens rea

scienter

Question 11

The “mental part” of crimes is commonly termed mens rea (“guilty _____”) or scienter (“guilty _________”) or criminal intent.

Answer 11

mind

knowledge

Question 12

Three reasons for prosecuting the “morally blameworthy”?

Answer 12

(1) hold defendants responsible for their acts
(2) deter future criminal acts
(3) allows punishment to be proportional to the crime committed

Question 13

True or False: Circumstantial evidence can help indirectly establish criminal intent or criminal act

Answer 13

True

Question 14

List the four type of intents.

Answer 14

(1) general intent
(2) specific intent
(3) transferred intent
(4) constructive intent

Question 15

Which type of intent is this: intent to commit the criminal act without the need to demonstrate intent to violate the law?

Answer 15

general intent

Question 16

Which type of intent is this: mental determination to accomplish a specific result?

Answer 16

specific intent

Question 17

Which type of intent is this: when an individual commits an act against a person but inadvertently injures the other?

Answer 17

transferred intent

Question 18

Which type of intent is this: individuals who commit reckless acts with a resulting harm are considered to intend the natural consequences of their actions?

Answer 18

constructive intent

Question 19

List the intensities of criminal intent (1 being the harshest & 4 being the lightest).

Answer 19

(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligently

Question 20

What is the difference between general and specific intent?

Answer 20

general: intent to carry out an act
specific: intent to carry out an act with specific results

Question 21

To fit into the _________ intensity of intent; the defendant must possess a specific intent to commit a crime.

Answer 21

purposely

Question 22

To fit into the purposely intensity of intent; the defendant must possess a _______ intent to commit a crime.

Answer 22

specific

Question 23

What occurred in the Commonwealth v. Ferino case?

Answer 23

• Defendant Carroll was found guilty of first degree murder and sentenced to life imprisonment for shooting and killing his wife after the two had violent argument
• Defendant appealed, arguing that he was could not be found guilty of more than second-degree murder because the killing was not premeditated.
• While premeditation is an element of first-degree murder, where a killing is willful, deliberate and intentional, no time is too short for the necessary premeditation to occur.

Question 24

Which intensity of intent is this: When an individual is “aware” that circumstances exist, or a result is practically certain to follow from his or her conduct?

Answer 24

knowingly

Question 25

What happened in the State v. Nations case?

Answer 25

• The Defendant, Sandra Nations (Defendant) owns and operates the Main Street Disco, in which police officers found a scantily clad sixteen-year-old girl dancing for tips
• Consequently, the Defendant was charged with endangering the welfare of a child less than seventeen years old. The Defendant was convicted and fined $1,000.

Question 26

What is willful blindness?

Answer 26

when an actor is aware of the probable existence of a material fact, but does not satisfy himself that it does not in fact exist

Question 27

Which intensity of intent is this: individuals engage in obviously risky behavior that they know creates a risk of substantial and unjustifiable harm and yet to not expect that injury or harm will result?

Answer 27

Recklessly

Question 28

What are the two requirements to label intent as reckless?

Answer 28

(1) Conscious disregard of a substantial and unjustifiable risk
(2) Gross deviation from the standard that a law-abiding person would observe in the same situation

Question 29

What happened in the Hranicky v. State case?

Answer 29

Hranicky v. State Hranicky charged with recklessly causing serious bodily injury to a child in the second degree. Defense claims that defendant acted unknowingly instead of recklessly. Ruled in favor of the State.

Question 30

Which intensity of intent is this: Engaging in harmful and dangerous conduct while being unaware of a risk that a reasonable person would appreciate?

Answer 30

Negligence

Question 31

What two things should you consider when determining negligent intent?

Answer 31

(1) mental state

(2) objective standard

Question 32

_______ _____ – negligent individual is not aware of the risk his or her conduct might pose

Answer 32

Mental state

Question 33

_________ _____ – negligent individual grossly deviates from the standard of care that a reasonable person would exhibit under a similar set of circumstances

Answer 33

Objective standard