Essential elements of a crime Flashcards

1
Q

Act

A

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

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2
Q

Mental state: specific intent crimes

A

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
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3
Q

Mental state: specific intent crimes: additional defenses

A

voluntary intoxication

unreasonable mistake of fact

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4
Q

Mental state: malice crimes

A

murder and arson

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5
Q

Mental state: malice crime mental state

A

reckless disregard of an obvious high risk that harmful result will occur

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6
Q

Mental state: general intent mental state

A

awareness of factors constituting crime

awareness of acting in proscribed manner

just doing the ACT is enough

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7
Q

Mental state: common general intent crimes

A

rape, battery, false imprisonment

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8
Q

Mental state: MPC: When does one act “purposely”?

A

when it is his conscious objective to engage in certain conduct or cause a certain result

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9
Q

Mental state: MPC: When does one act “knowingly”?

A

when he is aware that his conduct will very likely cause the result

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10
Q

Mental state: MPC: When does one act “recklessly”?

A

when he consciously disregards a substantial and unjustifiable risk

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11
Q

Mental state: MPC: When does one act “negligently”?

A

when he fails to be aware of a substantial and unjustifiable risk

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