Chapter 5 powerpoint pt. 1 Flashcards
_____ ____ is criminal intent.
Mens rea
Mens rea is criminal _______.
intent
_____ ____ is required for a crime to occur.
Mens rea
Intent is required to hold accountable only individuals who are “_______ ___________.”
morally blameworthy
______ is required to hold accountable only individuals who are “morally blameworthy.”
Intent
Mens rea aka _______, is guilty knowledge.
scienter
Mens rea aka scienter, is ______ __________.
guilty knowledge
Law texts traditionally have repeated that actus non facit rum nisi mens sit rea: which means?
“There can be no crime, large or small, without an evil mind”
The “______ _____” of crimes is commonly termed mens rea (“guilty mind”) or scienter (“guilty knowledge”) or criminal intent.
mental part
The “mental part” of crimes is commonly termed _____ ____ (“guilty mind”) or _______ (“guilty knowledge”) or criminal intent.
mens rea
scienter
The “mental part” of crimes is commonly termed mens rea (“guilty _____”) or scienter (“guilty _________”) or criminal intent.
mind
knowledge
Three reasons for prosecuting the “morally blameworthy”?
(1) hold defendants responsible for their acts
(2) deter future criminal acts
(3) allows punishment to be proportional to the crime committed
True or False: Circumstantial evidence can help indirectly establish criminal intent or criminal act
True
List the four type of intents.
(1) general intent
(2) specific intent
(3) transferred intent
(4) constructive intent
Which type of intent is this: intent to commit the criminal act without the need to demonstrate intent to violate the law?
general intent
Which type of intent is this: mental determination to accomplish a specific result?
specific intent
Which type of intent is this: when an individual commits an act against a person but inadvertently injures the other?
transferred intent
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?
constructive intent
List the intensities of criminal intent (1 being the harshest & 4 being the lightest).
(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligently
What is the difference between general and specific intent?
general: intent to carry out an act
specific: intent to carry out an act with specific results
To fit into the _________ intensity of intent; the defendant must possess a specific intent to commit a crime.
purposely
To fit into the purposely intensity of intent; the defendant must possess a _______ intent to commit a crime.
specific
What occurred in the Commonwealth v. Ferino case?
- 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.
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?
knowingly
What happened in the State v. Nations case?
- 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.
What is willful blindness?
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
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?
Recklessly
What are the two requirements to label intent as reckless?
(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
What happened in the Hranicky v. State case?
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.
Which intensity of intent is this: Engaging in harmful and dangerous conduct while being unaware of a risk that a reasonable person would appreciate?
Negligence
What two things should you consider when determining negligent intent?
(1) mental state
(2) objective standard
_______ _____ – negligent individual is not aware of the risk his or her conduct might pose
Mental state
_________ _____ – negligent individual grossly deviates from the standard of care that a reasonable person would exhibit under a similar set of circumstances
Objective standard
