Criminal Law - General Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Defenses (8)

A
  1. Insanity
  2. Voluntary Intoxication
  3. Infancy
  4. Mistake
  5. Self Defense
  6. Necessity
  7. Duress
  8. Entrapment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Elements of a crime

A

(1) actus reus; (2) mens rea; (3) causation; and (4) concurrence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Mental State - Specific Intent

A

Both the intent to do the act and to achieve a SPECIFIC RESULT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

4 General Intent Crime

A
  1. Battery
  2. False Imprisonment
  3. Kidnapping
  4. Forceable Rape
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Two defenses only for Specific Intent Crimes (other defenses but these two limited to SI Crimes)

A

Voluntary Intoxication and UNREASONABLE mistake of fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Mental State - Malice

A

Intentional or reckless disregard of an obvious or known risk

Crimes: Murder and Arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mental State - General Intent

A

D must be generally aware. D does not need to intend specific result

Crimes: Battery, rape, false imprisonment, kidnapping

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Mental State - Strict Liability

A

No mental state - doing the act is enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

MPC - “Negligence”

A

D should have been aware of a substantial and unjustifiable risk (more than civil negligence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly