Essential elements of a crime Flashcards
Act
Act must be a voluntary act, not conduct which is not the product of your own volition; reflexive or convulsive; act performed while unconscious or asleep
Mental state: specific intent crimes
students can always fake a laugh, even for ridiculous bar facts
solicitation conspiracy attempt first degree murder assault larceny embezzlement false pretenses robbery burglary forgery
Mental state: specific intent crimes: additional defenses
voluntary intoxication
unreasonable mistake of fact
Mental state: malice crimes
murder and arson
Mental state: malice crime mental state
reckless disregard of an obvious high risk that harmful result will occur
Mental state: general intent mental state
awareness of factors constituting crime
awareness of acting in proscribed manner
just doing the ACT is enough
Mental state: common general intent crimes
rape, battery, false imprisonment
Mental state: MPC: When does one act “purposely”?
when it is his conscious objective to engage in certain conduct or cause a certain result
Mental state: MPC: When does one act “knowingly”?
when he is aware that his conduct will very likely cause the result
Mental state: MPC: When does one act “recklessly”?
when he consciously disregards a substantial and unjustifiable risk
Mental state: MPC: When does one act “negligently”?
when he fails to be aware of a substantial and unjustifiable risk